Alternative reproductive technology (ART) refers to medical techniques used to help people conceive other than by sexual intercourse, such as in vitro fertilisation (IVF), intracytoplasmic sperm injection (ICSI), donor insemination and the use of donor eggs, sperm or embryos, often in combination with surrogacy arrangements. In UK practice, the more precise statutory term is “assisted reproduction” or “treatment services” under the Human Fertilisation and Embryology Acts 1990 and 2008, which regulate the creation, storage and use of embryos and gametes and govern legal parenthood in assisted conception. In Ireland, assisted human reproduction is addressed through specific legislation and case law, with a similar focus on regulation of treatment, donation and parental status. The expression “ART” or “alternative reproductive technology” is therefore largely descriptive rather than a defined legal term, but is widely used in clinical and legal commentary. It is central to advice on legal parentage, parental responsibility, donor anonymity, consent, clinic licensing, cross‑border fertility treatment, immigration and nationality issues for children born via ART, and the drafting and enforceability of surrogacy and donor agreements across the UK and Ireland.

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.

Restructuring & Insolvency analysis: In dismissing an application to set aside an order permitting service by email on English solicitors, the High Court held that CPR 6.15 requires ‘good reason’, not ‘exceptional circumstances’, to authorise alternative service on a defendant resident in a Hague Service Convention (Convention) state that has not objected to article 10(a) of the Convention. The enforcement context, the unexplained failure to collect pre-action correspondence and the solicitors’ refusal to accept service supported the order, as did the likelihood that email would promptly bring the proceedings to the defendant’s attention. Practitioners should evidence prior conventional attempts at communication and distinguish enforcement proceedings from original substantive claims when seeking alternative service. Produced in partnership with Phillip Patterson of Gatehouse Chambers.

Restructuring & Insolvency analysis: This was an application by Quartermain Ltd (the petitioner) for permission to serve a winding-up petition on Blackmore Global PCC Ltd (the company), a company incorporated on the Isle of Man (which, however, had strong ties to England and Wales). The application was for (1) permission to serve the company out of the jurisdiction and (2) permission to effect service at an alternative address. Both parts of the application were granted. Written by Nora Wannagat, barrister at 9 Stone Buildings.

This Practice Note sets out the key issues to consider when seeking alternative service of documents on a defendant domiciled outside of England and Wales. For guidance on: • general principles regarding alternative service, see Practice Note: Alternative service—principles • service out of the jurisdiction, see Practice Note: Cross-border service—a guide for dispute resolution practitioners Defendant has an address in England and Wales An address in the jurisdiction does not, of itself, establish that the defendant is present within the jurisdiction for the purpose of service. If the defendant is: • resident in the jurisdiction—the defendant can be served at the residence, even if only temporarily resident • resident outside the jurisdiction—the defendant must be served in compliance with the service out of the jurisdiction rules set out in Part 6 which may require the court’s permission: ◦ permission is not required—one of the provisions in CPR 6.32 or CPR 6.33 will need to be met. See Practice Note: Cross-border service—is permission required to serve a defendant who is outside England and Wales? ◦ permission

This Tracker contains a number of illustrative decisions which may provide some insight into which considerations the court may find relevant when determining whether to make an order for alternative service in cases in which the defendant/respondent is in England and Wales (England) or there is a contractual provision for service in England despite the defendant being in another jurisdiction. Note, the service provisions in Part 6 underwent substantial change in 2008 and any cases which predate this are not included in this tracker as they may not reflect the current position. For illustrative decisions involving cross-border considerations, see Practice Note: Alternative service—illustrative decisions (cross border). For guidance on different aspects of alternative service, see Practice Notes: • Alternative service—principles • Alternative service—types of alternative service • Serving court documents on persons unknown • Alternative service—considerations • Alternative service—making an application For guidance on service in England and Wales, see: Service in England and Wales—overview. Alternative service ordered Case, citation and News Analysis Facts/Issues Decision African Export-Import Bank v The National Government of the Republic

This Tracker provides illustrative decisions which provide an insight into considerations which may be relevant when determining whether to make an order for alternative service to serve on a defendant/respondent who is outside the jurisdiction. Note, the service provisions in Part 6 underwent substantial change in 2008 and therefore any cases which predate this may not reflect the current position and as a consequence this Tracker does not include such cases. For illustrative decisions involving service in England and Wales, see Practice Note: Alternative service—illustrative decisions. This Tracker does not set out the underlying principles and should be read in conjugation with Practice Notes: • Alternative service—cross border considerations • Alternative service—principles • Alternative service—types of alternative service • Serving court documents on persons unknown • Alternative service—making an application For guidance on service in cross border cases, see Practice Note: Cross-border service—a guide for dispute resolution practitioners. This Practice Note refers to the following conventions: • Hague Service Convention—for a copy of the convention and guidance on its application, see Practice Note: Hague Service Convention—scope,

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’. When making an application, the following additional guidance may be of assistance: • the types of alternative service the court may order, see Practice Note: Alternative service—types of alternative service • the principles applied by the courts when considering applications for alternative service, see Practice Notes: Alternative service—principles and Alternative service—illustrative decisions • considerations when matters involve cross-border issues, see Practice Notes: Alternative service—cross border considerations, Alternative service—illustrative decisions (cross border) and Alternative service—practical considerations checklist (cross border) • applications involving unknown or anonymous defendants, see Practice Note: Serving court documents on persons unknown Timing for making an application For guidance on when an application can be made, see Practice Note: Alternative service—principles, specifically main section, Timing

This Checklist sets out examples of practical issues to consider when dealing with an alternative service application involving service outside England and Wales. Checklist Consideration References If an application for alternative service is being made on the grounds that service through the permitted methods, including the Hague Convention, is likely to be protracted, the application should be supported by the following:—confirmation from the Foreign Process Office of the time delays in serving for that country—detailed evidence, ideally from a locally-qualified lawyer, which demonstrates how long service is expected to take through normal channels. This should be by reference to specific experience or examples where relevant—if delay is notorious in the jurisdiction, then some independent evidence should be exhibited to support this Practice Note: Alternative service—making an application—Evidence in support The courts will take into account any evidence that a defendant is attempting to evade or obstruct service. A claimant should seek to carefully document any such behaviour as this will strengthen

This Practice Note considers alternative service for court documents. The relevant provisions are set out in CPR 6.15 (claim form) and CPR 6.27 (other documents). Alternative service allows service of documents by alternative methods of service or service at an alternative place. Alternative service is a potential way forward if problems have been, or are likely to be, encountered when serving the claim form, defence or other court document in proceedings. This Practice Note sets out the basis on which an order for alternative service can be made and the issues the court will consider. Alternative service was previously known as substituted service. The following Practice Notes covering alternative service may also be of assistance: • Serving court documents on persons unknown • Alternative service—making an application • Alternative service—types of alternative service • Alternative service—illustrative decisions When encountering difficulties with serving the claim form, the following may also be of assistance, Practice Notes: • Dispensing with service of documents—principles • Extending time for service of the claim form—principles Practical consideration: Additional considerations apply when

This Practice Note considers different types of alternative service along with guidance from the courts where orders have been made for such types of alternative service. For practitioners who encounter difficulties with service of court documents via the methods provided for in either CPR 6 or the Companies Act 2006, an application can be made to the court for an order that alternative service may be used, see Practice Note: Alternative service—making an application. The application will need to set out the type of alternative service and details of why it will be effective. Different examples of alternative service are set out in CPR PD 6A, para 9.3. However, in recent years, the types of alternative service ordered by the courts have been wide ranging and have sought to address the increasing reliance on technology with the courts making orders for alternative service for example using airdrop, data rooms and social media platforms. Alternative service has also been used successfully to enable service on unknown defendants. In some instances, an available form of alternative

Dear [insert name of expert] Re: [Client’s name] Address: [Insert address] Date of Birth: [Insert date of birth] Date of Accident: [Date] I write further to previous correspondence. I