2020年5月26日

Disputes Quick Read – 20 / 57 观点

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.

本系列内容

纠纷和调查

Disputes Quick Read: The latest on Unexplained Wealth Orders

QUICK READ

作者 作者

纠纷和调查

Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction

Welcome news for those pursuing fraud claims in the English Courts

Quick read

作者 Emma Allen, Samantha Brendish

Call To Action Arrow Image

Latest insights in your inbox

Subscribe to newsletters on topics relevant to you.

Subscribe
Subscribe

Related Insights

纠纷和调查

Disputes Quick Read: Ethereum Merge - what legal issues arise?

2022年9月22日
Briefing

作者 Ben Jones 以及 Emma Allen

点击此处了解更多
纠纷和调查

The modernisation of the Energy Charter Treaty: how far does it really go?

2022年9月20日
Briefing

作者 Jessica Thomas 以及 Karel Daele

点击此处了解更多
纠纷和调查

Latest steps towards the enforcement of England & Wales court judgments in the UAE

2022年9月16日

作者 James Baldwin 以及 Paul Blakeway

点击此处了解更多