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.

Rechtsgebiete und Gruppen Disputes & Investigations

In dieser Serie

Disputes & Investigations

The sting and the tale

Andrew Howell and Natalia Faekova unpack an extraordinary case. A Mexican billionaire's strong fraud claim. Former Israeli intelligence operatives hired to target the defendant's solicitor. Secret recordings over wine and dinner. A judge who called it 'anathema to civil litigation' but may have been 'too lenient'.

19. November 2025

Disputes & Investigations

Opening the doors: how the January 2026 pilot will transform access to court documents

During an LSLA lecture on transparency and open justice, Mrs Justice Cockerill, recently appointed as Deputy Head of Civil Justice, outlined a pilot practice direction (PD) that will place select court documents squarely in the public domain via a new, public-facing side of the electronic court file (CE-File).

21. Oktober 2025

Disputes & Investigations

Disputes Quick Read: Not your prerogative – the Independent Review of Administrative Law reports its recommendations on judicial review

21. April 2021

Disputes & Investigations

Disputes Quick Read: Should you still choose the English courts to have jurisdiction in your international contracts after Brexit?

12. Januar 2021

Disputes & Investigations

Disputes Quick Read: The importance of proper service

In dieser Serie

Related Insights

All change for the UK's product safety regime?

Who can do what in litigation? The Mazur decision explained

The UK's economic crime revolution: navigating the new era of corporate criminal liability