Q&As

We do not know the defendant's address for service but the solicitor who acts for the defendant’s insurer is aware of the address. Can an application be made for alternative service to serve the claim form on the defendant’s solicitor or insurer on the basis they will bring it to the defendant’s attention? Is there any case law on this area?

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Produced in partnership with David Willink of Lamb Chambers
Published on: 18 June 2018
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Service of the Claim form in the jurisdiction

In general, the obligation is on the claimant to include in the claim form an address at which the defendant may be served (CPR 6.6(2)). Subject to various exceptions, the claim form must then be served in accordance with CPR 6.9. The claim form must be served at the defendant’s usual or last known address. Where that is not known, the claimant must take reasonable steps to ascertain the defendant’s current residence. Once this has been undertaken and the claimant is unable to ascertain the defendant’s current address, CPR 6.9(4) sets out that the claimant must consider whether there is an alternative place or alternative method by which service can

David Willink
David Willink

Lamb Chambers

As a civil servant in the Lord Chancellor’s Department, now the Ministry of Justice, David gained extensive experience in government, including responsibility for civil law reform in the areas of contract, trusts and privacy & freedom of expression. He appeared before Select Committees in both Houses of Parliament, and represented the UK in Brussels, Luxembourg, Strasbourg and Salzburg. He was responsible for the defence of domestic libel law in Steel & Morris v United Kingdom [2005] ECHR 103 (‘McLibel’). He also held responsibility for advice on appointments to Queen's Counsel and senior judicial office.

At the Bar, he has maintained a broad civil practice, acting for claimants and defendants across the areas in which chambers practise. He accepts Direct Access instructions in appropriate cases. In addition, he has developed a practice in all aspects of ecclesiastical law, and is the Deputy Chancellor of the Dioceses of Salisbury and St Albans. He is also a Deputy District Judge.

He writes extensively, both for LexisNexis and for other print and online publications.

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Jurisdiction(s):
United Kingdom
Key definition:
Alternative service definition
What does Alternative service mean?

When seeking to serve a document in proceedings, Part 6 of the cpr sets out the methods of service and the places at which the document must be served. If you are unable to serve the document in compliance with those rules, you can make an application for a court order allowing you to serve by an alternative method or at an alternative place.

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