If solicitors are not instructed to accept service, how should service be effected?

• A. On the defendant personally
• B. On the defendant's solicitors
• C. On the court
• D. On the partnership

Answer: (A)

When there’s no instruction to accept service, you must deliver the documents directly to the defendant. For an individual defendant, personal service is the proper route to ensure they actually receive notice and can respond within the time limits. This means handing the claim form to the defendant in person or leaving it at their address with someone aged 18 or over who can bring it to them.

Serving on the defendant’s solicitor only works if the solicitor is authorised to accept service for the defendant; otherwise it doesn’t count. Serving on the court isn’t how you effect service on the defendant, and serving on a partnership would apply only if the defendant were a partnership, not a sole individual.