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26 May 2020
Disputes Quick Read – 72 of 99 Insights
Disputes Quick Read: The importance of proper service
- QUICK READ
Correctly serving a claim form is a crucial step in commencing litigation. It marks the point at which a defendant is on notice that they will need to defend a claim and begins the litigation clock. Failure to serve the document in accordance with the Civil Procedure Rules (CPR 6.3) can cause significant issues for a claimant. Post, personal service and fax are the classic examples – but what about alternate methods, including novel electronic means?
The Civil Procedure Rules do allow the court to make an order permitting service by alternative methods (CPR 6.15) in situations where service under the existing rules is not possible. Alternative methods successfully used to date have included WhatsApp, a website's contact form and Facebook's Messenger platform. What constitutes good alternative service can also include "steps already taken to bring the claim form to the attention of the defendant".
However, it is vital to note that – while these alternative methods are available – in order to be successful and considered "good service", they require the permission of the court by way of an order under CPR 6.15.
In Canada Goose UK Retail Ltd and another v Persons Unknown and another, the clothing retailer Canada Goose failed in its bid for a final injunction against a fluctuating group of protesters whose identities and addresses were unknown, on one basis because they had failed to obtain an order for alternative service. In that case, it was at the physical premises subject to the protests or on social media platforms used by the protesters. Such an order would likely have been available to the claimant but had not been sought.
The case serves as a useful reminder that in times where ordinary service is difficult if a claimant wished to use a novel method of service – including a new technology – it must follow the procedure in accordance with the CPR in relation to service by alternate means.
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Disputes Quick Read: Ethereum Merge - what legal issues arise?
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Disputes Quick Read: Defining the duty - the limits of the responsibility assumed by professionals
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Disputes Quick Read: Climate change litigation – successful challenge to government's Net Zero Strategy
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Disputes Quick Read: Judicial Review and Courts Act 2022 – now in force
17 June 2022
Disputes Quick Read: an important reminder of the duty to disclose electronic documents in native format
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Disputes Quick Read: ENRC prevails in claim against former solicitor
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Disputes Quick Read: The new witness statement preparation rules – a year on
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Disputes Quick Read: ClientEarth v Shell – climate change litigation shifts focus to UK companies
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Disputes Quick Read: Freezing injunctions – maximum custodial sentence imposed for breach
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Disputes Quick Read: One Blackfriars administrators cleared of misfeasance
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Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review
21 April 2021
Disputes Quick Read: Amendments to the Disclosure Pilot Scheme – a step in the right direction
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Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers
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24 February 2021
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20 January 2021
Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?
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Disputes Quick Read: Law on interest applicable to US dollar awards reaffirmed
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Disputes Quick Read: Care required when drafting SPA claim notices
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Disputes Quick Read: Privy Council clarifies the law on freezing injunctions in aid of foreign proceedings
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