5. What happens if defective service of a writ is discovered only after limitation has expired?

5. What happens if defective service of a writ is discovered only after limitation has expired? 

This can be very serious for the plaintiff. This is often fatal to the claim. 

If the defendant successfully applies to set aside service after the limitation period has expired under Order 12, rule 8 of the Rules of the High Court (Cap. 4A) or the Rules of the District Court (Cap. 336H), the plaintiff may be unable to issue a fresh writ or re-serve the writ in time. The claim may therefore become permanently time-barred. 

In cases involving service out of the jurisdiction, if the defendant has a clear limitation defence, the court may also conclude that there is no serious issue to be tried and may refuse or discharge leave to serve out.