What does Alternative service mean? Alternative service is the court’s permission to serve a claim form or other court document by a different method or at a different place when standard service is not practicable. It is used where a party cannot be found, is evading service, or ordinary methods have failed. In England and Wales, cpr Part 6 (notably r.6.15) and case law (including Abela v Baadarani and Barton v Wright Hassall) require a good reason and a method likely to bring the document to the recipient’s attention; the court can validate steps already taken. Typical orders include service by email to a...
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This Tracker gathers a range of illustrative rulings that may offer insight into the factors a court may regard as relevant when deciding whether to make or grant an order for alternative service in matters where the defendant/respondent is located in England and Wales (England), or where a contract provides for service in England even though the defendant is in another jurisdiction. Note that the service provisions in Part 6 underwent major revision in 2008, and any authorities predating that reform are excluded from this tracker as they may not fully reflect the current position. For illustrative decisions with cross-border dimensions, see Practice Note: (cross border). For guidance on different aspects of alternative service, see the following Practice Notes:
For guidance on service in England and Wales, see: Service in England and Wales—overview.
African Export-Import Bank v The National Government of the Republic of South Sudan [2025] EWHC 1079 (Comm) The defendants were foreign entities outside the jurisdiction...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...