Alternative service—making an application

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

  • Alternative service—making an application
  • Coronavirus (Covid-19) considerations
  • Is an application appropriate?
  • When to make the application
  • Application notice—which court form?
  • Supporting evidence
  • Prospective application
  • Retrospective application
  • For either type of application
  • Draft court order
  • More...

Coronavirus (Covid-19): When making applications, these will be affected by the impact of coronavirus, see: Coronavirus (Covid-19) considerations below. For news and other resources to assist general dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes in the civil courts’ processes and procedures necessitated by the Coronavirus pandemic, see: Coronavirus (COVID-19) implications for dispute resolution—overview.

This Practice Note considers how to make an application for alternative service. Such an application can be made prior to service ie an order for prospective alternative service is sought or after the claimant has purported to serve it ie retrospective alternative service, in which case the application is for a declaration that there has been ‘good service’. For practical considerations, see: Alternative service—practical considerations checklist.

For general guidance on alternative service, see Practice Notes: Alternative service—principles and Alternative service—key and illustrative decisions.

Note that references to provisions in CPR 6.15 dealing with alternative service are in Part 6, section II—service in the jurisdiction or in specified circumstances in the European Economic Area (EEA). The Supreme Court decision in Abela v Baadarani held that those provisions apply to cases in which service is outside the jurisdiction. For further information, see Practice Note: Alternative service—principles—Is alternative service available if the defendant is outside the jurisdiction?.

Coronavirus (Covid-19) considerations

The Coronavirus pandemic may impact the ability to serve documents

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