A process server has been out three or four times, and the papers still have not reached the person they are meant for. If it is a claim form, the deadline for serving it keeps running in the meantime.
Failed service does not end a case. The Civil Procedure Rules (CPR) give you several ways forward, from serving by post to asking the court to approve a different method. This blog explains why service fails, what you or your process server can do next, and the evidence a court will want to see.
Why process serving fails
The recipient is avoiding service
Some people know papers are coming and do everything they can to dodge them. They stop answering the door, change their routine or stay at another address. It rarely helps them, as the court has ways to treat papers as served without their cooperation. If someone becomes aggressive, a professional server will withdraw and try a different approach. Our blog on what happens if someone refuses to be served covers this in more detail.
The address is wrong or out of date
People move, give false details, or an address is copied down wrong. A process server can trace the recipient using electoral roll checks, database searches and enquiries on the ground. Our guide to how a process server locates someone explains the methods.
If you have reason to believe the defendant no longer lives at their last known address, CPR 6.9 requires you to take reasonable steps to find their current one before relying on the old address.
The property has restricted access
Gated developments, flats with a concierge desk and secure workplaces can all stop a server reaching the door. Timing visits around the recipient's movements, or serving at another place they use, often solves the problem.
Service was not carried out properly
Papers served the wrong way, on the wrong person or without proper proof can be challenged, and any judgment that follows can be set aside. That costs both sides time and money. See our blog on the consequences of incorrect service.
What happens if service keeps failing?
Each failed attempt adds cost and delay. For a claim form, the bigger risk is the deadline. Under CPR 7.5, it must be served within four months of issue, or six months if it is being served outside the jurisdiction. Miss that without an extension and the claim form expires, which can end the claim if the limitation period has also run out. Our blog on what happens if court papers are served late explains the consequences.
Your options when process serving fails
1. Trace and observe the recipient
Where someone is actively avoiding service, process servers can carry out lawful surveillance near places the person is known to visit, to establish their routine and confirm they are there. Combined with tracing, this usually shows when and where personal service will work.
2. Serve by post or at their home
Personal service is not the only permitted method. Under CPR Part 6, a claim form can be sent by first class post to the defendant's usual or last known residence, or left there, without the court's permission. It is deemed served on the second business day after that step, so the defendant does not have to open the door. Email service is also possible, but only where the other side has said in writing that they will accept service by email.
3. Apply for alternative service under CPR 6.15
If none of the permitted methods will work, you can ask the court to authorise service by another method or at another place, as long as there is a good reason. This used to be called substituted service. It might mean leaving the papers with a relative, sending them via a social media account the person is known to use, or, very rarely, placing an advertisement in a newspaper.
The court can also approve steps you have already taken, so papers that reached the defendant in an irregular way can count as validly served. In exceptional circumstances, CPR 6.16 lets the court dispense with service altogether.
4. Ask for more time
If the deadline is close, apply to extend it under CPR 7.6 before it passes. Late applications only succeed if you took all reasonable steps to serve and acted promptly, so do not wait until the last day. Our guide to how long a process server has to serve papers sets out the timings.
5. Serve someone abroad
If the recipient has left England and Wales, you may need the court's permission to serve outside the jurisdiction, and the documents may need translating and sending through official channels. The longer six-month deadline helps, but it still takes planning. GOV.UK's guidance on service of documents abroad is the starting point.
6. Bring in a different process server
If attempts keep happening at the wrong times, with no tracing and no proper records, a more experienced server with a different approach is often the quickest fix.
What evidence will the court want?
Whether you are applying for alternative service or an extension, or relying on service at a last known address, the court will want evidence of what you have tried:
1. Dated logs of every attempt, with times and locations
2. Notes on any tracing or surveillance, and what it found
3. Proof that the usual methods have been tried or would not work
4. A certificate of service (form N215) once service is complete
The clearer the record, the easier it is for a judge to approve another route. Default judgment is only available once a claim has been validly served and the defendant has failed to respond (CPR Part 12), so proving service comes first.
Frequently asked questions
What happens if someone avoids being served court papers in the UK?
The case can still go ahead. You can serve by post or at their last known address, or ask the court for permission to serve another way. Once they are served, if they do not respond, you can apply for default judgment.
Can court papers be served by email?
Only if the recipient has said in writing that they will accept service by email and given an address, or if the court orders it as alternative service.
What is the difference between substituted and alternative service?
None in practice. Substituted service is the old name for what the CPR now calls service by an alternative method or at an alternative place.
Keep your case moving
Able Investigations have served court documents for solicitors, landlords and businesses since 1993. Our process servers trace recipients who have moved or stopped responding, serve papers correctly, and provide proof of service in a court-ready format, including the evidence you need for an alternative service application.
Call us on 0345 366 0000 or use our enquiry form for a free, no-commitment consultation. You can also read more about our process serving service and tracing service.
