Alternative service in cross-border cases under CPR Part 6: Hague Service Convention, bilateral treaties, permission to serve out and case law (England and Wales)
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Practice notes
This Practice Note outlines the principal considerations to be weighed when seeking and effecting alternative service of documents on a defendant domiciled outside England and Wales. For guidance on the general principles of alternative service, see Practice Note: Alternative service-principles. For guidance on 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 within the jurisdiction does not, of itself, show that the defendant is present here for the purposes of service. In practice, two main situations arise:
- the defendant is resident in the jurisdiction-the defendant can be served at the residence, even if only temporarily resident
- the defendant is resident outside the jurisdiction-service must comply with the rules for service out of the jurisdiction set out in Part 6
For guidance on determining residence, see Practice Note: Jurisdiction-determining an individual’s domicile. If the defendant is resident outside the jurisdiction, the claimant must ensure that, in relation to service out of the jurisdiction, either:
- 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
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Web page updated on 28/05/2026
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