The Claimant made an application for an order to dispense with
service of the claim form on one of the defendants, per CPR 6.16
and related documents under CPR 6.28.
CPR 6.16 states the court may dispense with service of a claim
form in exceptional circumstances. CPR 6.28 does not require
exceptional circumstances but the Claimant proceeded on the basis
that it did.
The claim involved five Defendants. The first, third and fifth
Claimants were served with proceedings but attempts to serve the
second Defendant in Israel through the Hague Convention failed.
Numerous attempts were made to serve the second Defendant
including:
- contacting the solicitors for the
third and fifth Defendants for details of the second
Defendant;
