Cross-border alternative service: practical checklist on evidence, concurrent service, timing (prospective and retrospective), extensions, limitation and enforcement (England and Wales)
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Checklists
This checklist outlines practical matters to bear in mind when managing an application for alternative service where service must occur outside England and Wales.
Checklist Consideration References
If you seek alternative service because permitted routes, including the Hague Convention, are likely to be lengthy and drawn out, the application ought to be buttressed by the following:
- a formal confirmation from the Foreign Process Office describing and confirming the likely time delays for effecting service in the relevant country;
- detailed evidence, preferably from a locally-qualified lawyer, showing how long service ordinarily takes via standard channels, with reference to specific experience or examples where relevant;
- if significant delay in that jurisdiction is notorious, exhibit independent corroborative evidence to support that position.
Practice Note: Alternative service—making an application—Evidence in support
The courts will consider any material indicating that a defendant is attempting to evade or impede service. A claimant should carefully record and preserve such behaviour, as doing so will strengthen the application...
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Web page updated on 20/05/2026
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