Alternative service—key and illustrative decisions

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Alternative service—key and illustrative decisions
  • Supreme Court
  • Alternative service ordered
  • Alternative service not ordered
  • Court of Appeal
  • Alternative service ordered
  • Alternative service not ordered
  • Alternative service—obiter comment
  • High Court
  • Alternative service ordered
  • More...

Alternative service—key and illustrative decisions

This Tracker lists a number of decisions in the Supreme Court, Court of Appeal and High Court which have considered the interpretation of CPR 6.15, ie alternative service. Note, the service provisions in Part 6 underwent substantial change in 2008 and cases prior to that date are not included in this case tracker.

Some of the cases listed have subsequently been overruled on appeal, consideration should be given to appeal cases first.

For guidance on alternative service, see Practice Note: Alternative service—principles.

For guidance on making an application for alternative service, see Practice Note: Alternative service—making an application.

Supreme Court

Alternative service ordered

Case, citation and news analysisFactsJudgment
Case and citation:
Abela v Baadarani [2013] UKSC 44
News Analysis:
Supreme Court—alternative service outside the jurisdiction (Abela v Baadarani)
Retrospective approval of service of a claim form out of the jurisdiction
The claimant issued the claim form very close to expiry of the limitation period and then failed to serve on the defendant and ultimately served on the defendant's solicitors in Lebanon.
Service of the claim form needed to be effected in Lebanon which is not a party to the Hague Service Convention or a bilateral service treaty.
The issue was whether the court had the power to
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