Dispensing with service

Olafsson v Gissurarson (No 2) [2006] EWHC 3214 (QB)

Because the master’s order rectifying the defective service had been set aside on appeal (see above) the claimant was now statute-barred. Accordingly he applied for an order under CPR rule 6.9 dispensing with service of the claim form and particulars of claim on the respondent (G) contending that rule 6.9 could be invoked in exceptional circumstances and that such circumstances existed in the instant case.