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Only if the solicitor is authorised to accept service. Under CPR 6.7, where a defendant has given written notice that a solicitor is instructed to accept service, or the solicitor has notified the claimant in writing that they are so instructed, the claim form must be served on that solicitor. Without that written authority, service on the solicitor is invalid, however involved they have been.
Correspondence from a law firm saying it is instructed in the dispute is not the same as written confirmation that it is authorised to accept service of proceedings. The Court of Appeal in Woodward v Phoenix Healthcare made the consequence plain: the claimant served solicitors who lacked that written authority, the four month period expired, and the claim was lost, with the court holding the defendant’s side had no obligation to point out the mistake in time for it to be fixed. Always obtain and file an express written confirmation before relying on solicitor service.
The rule cuts both ways. Once written notice has been given that a solicitor is instructed to accept service, CPR 6.7 requires service on that solicitor; serving the defendant directly instead can itself be invalid. Check the file for any notice of acting or correspondence dealing with service before choosing the route, and diarise which regime applies to each defendant.
Where confirmation cannot be obtained and the deadline is approaching, the safe course is personal service on the defendant at an address permitted by CPR 6.8 and 6.9. It removes the authority question entirely and produces first hand evidence of service. Our answer on establishing the right address for service covers the checks the rules expect where the defendant’s whereabouts are uncertain.
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