Court considers requirements for alternative service and service out

Article summary

Dispute Resolution: Angharad Parry, barrister at 20 Essex Street, considers the case Marashen v Kenvett. The Chancery Division made important rulings as regards the requirements for alternative service. Foxton QC overturned an earlier order permitting service on a person resident in Russia by means of alternative service on his lawyers’ offices in London. A court must have already given permission to serve out of the jurisdiction, before the power to permit alternative service (under CPR 6.15) arises. Pre-existing permission to serve out must exist even for alternative service within the jurisdiction. The power to make alternative service within England and Wales on a defendant resident outside the jurisdiction derives from CPR 6.37(5)(b)(i). In Hague Service Convention cases, there must be ‘exceptional circumstances’ to grant an order for alternative service, outside the terms of the Convention. Foxton QC gave permission to serve out, but refused to make a fresh order for alternative service under CPR 6.15.