Alternative service (CPR 6.15), dispensing with service (CPR 6.16), extending time for service under CPR 7.6 and remedies under CPR 3

by Practical Law Dispute Resolution

This Practice note provides detailed guidance on the procedural remedies available under the CPR for parties facing difficulties with service of the claim form and other documents (including the particulars of claim) in England and Wales. It examines the courts' powers, including the power to order alternative service under CPR 6.15, dispense with service under CPR 6.16 and extend time for serving a claim form under CPR 7.6. It analyses the "good reason" test for alternative service, drawing on key principles from cases such as Barton v Wright Hassall LLP [2018] UKSC 12 and Abela and others v Baadarani [2013] UKSC 44. It covers developing areas, such as service on "persons unknown" in light of Wolverhampton City Council and others v London Gypsies and Travellers and others [2023] UKSC 47, and service via electronic means including social media and blockchain. It also explores the tension between these specific rules and the court's general remedial powers under CPR 3.