Dispensing with service meaning

Birmingham City Council v Persons Unknown (Re Protests in Support of the Bin Workers’ Strike) [2026] EWHC 373 (KB) What are the practical implications of this case? The ruling confirms that public bodies may secure protest injunctions against ‘persons unknown’ when there is cogent proof of mounting, intentional disruption, provided procedural protections are scrupulously followed. By declining to waive service, the court emphasised that CPR 6.16 demands truly exceptional circumstances. Accordingly, claimants should implement robust alternative notification measures and adhere closely to CPR 6.15, with explicit provisions on deemed service and liberty to apply. Injunction terms should be bounded by time and geography, and supported by precise evidence addressing trespass, private nuisance and public nuisance. On substance, the decision clearly distinguishes peaceful assembly from intentional blockage of access or critical services. Although Articles 10 and 11 are in play, persistent, targeted interference with public services is unlikely to sit at the heart of the protected rights...

In this issue: Repairing obligations and dilapidations Trespass and adverse possession Service charges Residential tenancies Disputes and remedies Rent and rates Easements and covenants Property disputes in Scotland Additional Property Disputes updates LexTalk® Property Disputes: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Repairing obligations and dilapidations Building Safety Act—remediation contribution orders—respondents’ appeal dismissed in Vista Tower (Grey GR Ltd Partnership v Edgewater (Stevenage)) In Grey GR Ltd Partnership v Edgewater (Stevenage) [2025] Lexis Citation 276, the Upper Tribunal (UT) rejected the respondents’ appeal against the First-tier Tribunal’s (FTT) grant of a remediation contribution order under section 124 of the Building Safety Act 2022, made against 75 respondents. Marcus Birch of BCLP reviews the decision. See News Analysis: Building Safety Act—remediation contribution orders—respondents’ appeal dismissed in Vista Tower. High Court held progressive failure of window seals constituted disrepair (Better...

PI & Clinical Negligence weekly highlights—26 February 2026 In this issue: Key PI and clinical negligence developments Employer's liability Case management AI developments LexisNexis® Quantum Portal LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Daily and weekly news alerts LexisNexis® Webinars Useful information Key PI and clinical negligence developments Appeal succeeds against the decision to hold a pre-trial hearing on litigation capacity The King's Bench Division (Leeds District Registry) in Mohammed v Ali [2026] EWHC 401 (KB) considered a rolled‑up permission application alongside two linked appeals brought by the Motor Insurers' Bureau (MIB) challenging orders made by Recorder Cameron. The challenges related to case management rulings issued between 2–12 September 2025 in a personal injury action arising from a road traffic accident. Mr Justice Ritchie granted permission to appeal on every ground. The court then allowed the appeal against the Recorder’s direction for a distinct, live‑evidence hearing to determine the claimant’s litigation capacity as...

This Practice Note addresses the process for seeking an order to dispense with service of documents, including the claim form. Read it alongside Practice Note: Dispensing with service of documents—principles, which sets out the relevant principles for dispensing with service. Making an application for an order dispensing with service of documents An application to dispense with service of documents is a request for a court order; accordingly, the core procedure is found in CPR 23 and CPR PD 23A. For guidance on preparing a CPR-compliant application, see Practice Note: How to make an application for a court order (CPR 23). The sections below identify aspects of the applications procedure that are particular to an application for an order dispensing with service of documents. They are intended to supplement, not replace, the general guidance referred to above. Pre-application considerations For general guidance on issues to consider before applying, see Practice Note: Pre-application considerations. When to make the application An application to dispense with service...

This Practice Note explains the provisions governing service of a defence in litigation. They appear in Part 6, Section III, commencing at CPR 6.20. Specific defence provisions are contained in CPR 15. This Practice Note provides guidance on: methods of service (CPR 6.20) who must effect service (CPR 6.21) personal service (CPR 6.22) address for service once proceedings have begun (CPR 6.23) changes to the address for service (CPR 6.24) serving children and protected parties (CPR 6.25) deemed service (CPR 6.26) alternative method or place of service (alternative service) (CPR 6.27) the court’s power to dispense with service (CPR 6.28) the need for a certificate of service (CPR 6.29) The framework covers who must serve, when personal service is necessary, and how to serve children or protected parties. It sets out deemed service, alternative methods or places, when the court may dispense with service, and proof by certificate of service. Part 6 is supplemented...

This Tracker sets out instances where the courts have examined their jurisdiction to cure an ‘error of procedure’ under CPR 3.10 in the context of serving documents. The sample decisions relate to both the claim form and other paperwork. As regards the claim form, the authorities should be approached with particular care. The contemporary view is that CPR 3.10 will seldom help where the flaw concerns service of the claim form, and it cannot be invoked to sidestep the specific regime for service, time extensions, alternative service or dispensing with service. CPR 3.10 confers on the court a general power to put right an ‘error of procedure’ committed by a party to the proceedings. When assessing whether CPR 3.10 can offer relief, it is important to grasp what is meant by ‘error of procedure’. This is addressed in Practice Note: Procedural errors and how to remedy them (CPR 3.10), in particular the main section: What is an error of procedure? Claim form—CPR 3.10 applied In the examples below,...