Alternative service—making an application
Alternative service—making an application

The following Dispute Resolution guidance 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
  • Draft court order
  • Associated applications

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 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—Is alternative service available if the defendant is outside the jurisdiction?.

Is an application appropriate?

If the method or place of service you wish to use is already provided for in CPR 6.3 (service in the jurisdiction) or CPR 6.40(3) (service out of the jurisdiction), then an application for alternative service is inappropriate.

When to make the application

An application cannot be made prior to issue of the claim form even if you anticipate that there will be