Topic
Service by an alternative method refers to the process of serving legal documents in a manner other than the standard methods prescribed by the Civil Procedure Rules (CPR). This approach is typically sought when it is not possible or practical to serve the documents using the usual methods, such as personal service, post, or electronic means. The court must grant permission for service by an alternative method, ensuring that the defendant is still adequately notified of the proceedings.
Alternative methods of service may be necessary in a variety of situations, including:
To serve documents by an alternative method, the claimant must apply to the court for permission. The application process includes the following steps:
When deciding whether to grant permission for service by an alternative method, the court considers several factors:
If the court grants the application, the claimant must follow the court's directions regarding the method and timing of service. The claimant may be required to provide proof of service, demonstrating that the documents were served according to the court's order.
Service by an alternative method, once authorized by the court, is as legally effective as standard methods of service. However, it is crucial to follow the court's directions precisely to ensure the validity of the service. Failure to comply with the court's order can result in the service being deemed invalid, potentially delaying the proceedings and incurring additional costs.
In this case, the High Court permitted the claimant to serve proceedings via Facebook. The court ruled that service via social media was appropriate given the circumstances, as it was likely to bring the proceedings to the defendant's attention.
The court allowed alternative service by posting notice at the defendant's last known address. This method was deemed reasonable given the difficulty in locating the defendant through standard means.
A claimant applies to serve a claim form on a defendant through Facebook, as the defendant is known to frequently use this platform and has been evading personal service. The court grants the application, and the claimant posts the documents through a private message. The defendant acknowledges receipt, allowing the case to proceed.
Unable to locate a defendant whose whereabouts are unknown, a claimant applies for permission to serve the claim form by publishing a notice in a widely circulated newspaper. The court approves the method, and the notice is published, ensuring the defendant is likely to see it.
Service by an alternative method is an important mechanism in civil litigation, providing flexibility in circumstances where standard service methods are impractical. The court's permission is required to ensure that such service is fair and likely to inform the defendant of the proceedings. This process safeguards the defendant's right to be notified and to participate in the legal process, ensuring that justice is served effectively.