Where Do You Send a Claim to a Defendant in Court-Issued Proceedings?

Effective service of a claim form is essential to ensuring your case progresses smoothly, and properly. Failure to send documents correctly can result in cost penalties or the case being dismissed or struck out.

Part 6 of the Civil Procedure Rules states that the court or claimant must send the relevant documents within the jurisdiction of England and Wales unless an exception applies.

The claim form must be sent:

• To the defendant’s usual or business address, or at an address they’ve given to be served with court documents or their usual or last known residence; or

• To a solicitor’s registered business address, but only if the defendant provides one in writing or a solicitor confirms they are instructed to accept service.

If the defendant fails to give an address for service, you can personally hand the documents to them if you can locate them; this is known as personal service. If they cannot be located and are an individual you can send the documents to their usual or last known residence. However, if you believe they no longer live there, you must take reasonable steps to identify their current residence and, where possible, serve the claim there.

There are also specific rules that apply if the Defendant to a claim is resident outside the jurisdiction, meaning outside England and Wales. In these circumstances it can be necessary to seek the permission of the court to serve elsewhere.

If you can’t locate the defendant, it can be necessary to consider alternative locations or service methods, such as communicating with family members or sending a text message. If a defendant cant be located care needs to be taken to ensure litigation stacks up from a cost; benefit perspective. This all forms part of our review and advice at the outset in matters where we are instructed- and considering who, where, how and why service should take place is a fundamentally important aspect of our (any, every) instruction.