Service of the claim form + POC

Question 1

what is the validity period?

Answer 1

deadline from the date of issue to serve the claim form

Question 2

what must C do if they are unable to serve in the validity period?

Answer 2

If C is unable to serve within the validity period, they can either:
o Apply for an extension; or
o Obtain an order for alternative service

Question 3

what happens if the claim form is not served in the validity period?

Answer 3

if the claim is not served within the validity period, it is not automatically stayed/struck out. It will remain in limbo until C discontinues the claim or the court makes an order.

Question 4

when must the POC be served?

give an example

Answer 4

if the POC is not served with the CF, it must be served within 14 days of service of the CF but no later than the validity period

CF served on 2 May. Deadline for POC service = 16 May. However, if CF validity period expires on 7 May, POC must be served by 7 May

Question 5

what should C do if POC cannot be served in time?

Answer 5

POC cannot be served extension/relief from sanctions required