Jurisdiction(s):
United Kingdom

Key definition

Dispensing with service definition

What does Dispensing with service mean? Dispensing with service describes a court ordering that a claim form or another procedural document need not be served on a party. It is distinct from alternative (substituted) service and is used only rarely. In England and Wales, the Civil Procedure rules (cpr) Part 6 govern service. The court may dispense with service of a claim form only in exceptional circumstances (CPR 6.16). For documents other than a claim form, the court also has a discretionary power to dispense with service (CPR 6.28). Case law emphasises strict application to protect due process. Typical scenarios include where service is impossible...

Applications to Dispense with Service of Claim Forms and Other Documents: Procedure, Evidence, Without Notice and Setting Aside (CPR 6.16/6.28) — England and Wales

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Practice notes

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 can be made either:

prospective, ie before the date for service of the claim form, or
retrospective, ie after the date for service of the claim form

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Web page updated on 21/05/2026

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