How to Apply for Alternative Service in Commercial Proceedings

In commercial litigation in England and Wales, parties are generally required to serve court documents in strict accordance with the Civil Procedure Rules (CPR). Proper service is essential because it ensures that a defendant is formally notified of proceedings and given the opportunity to respond. However, difficulties often arise in practice where a party cannot be located, deliberately avoids service, or where standard methods of service are ineffective.

In these situations, the court may permit alternative service, allowing documents to be served by a method outside the usual procedural rules. This article explains how to apply for alternative service in commercial proceedings, the legal test the court applies, and the practical steps involved.

What Is Alternative Service?

Alternative service is a court-authorised method of serving legal documents in a way that differs from standard methods such as personal service, post, or email under the CPR.

Under CPR Part 6, the court may permit service by an alternative method or at an alternative place where there is a “good reason” to do so. The key provision is CPR 6.15, which allows the court to authorise alternative service of a claim form, and CPR 6.27, which extends this approach to other documents in proceedings.

The purpose is not to relax procedural rules, but to ensure that proceedings are brought to the attention of the recipient in a reliable and fair way. Courts focus on whether the proposed method is likely to achieve actual notice of the proceedings rather than strict compliance with formal methods.

Legal Basis for Alternative Service in Commercial Proceedings

CPR 6.15 – Alternative service of the claim form

The court may order service by an alternative method or at an alternative place if there is a good reason. The order may also validate steps already taken to bring proceedings to the defendant's attention.

CPR 6.27 – Other documents

This rule extends the same principle to documents other than the claim form, including applications, particulars of claim (after service), and court orders.

CPR 6.16 – Dispensing with service (rare)

In exceptional cases, the court may dispense with service entirely. This is distinct from alternative service and is used only where service is impossible or unnecessary.

When Alternative Service Is Granted

The Commercial Court and High Court generally require:

• Evidence that standard methods of service have failed or are impractical
• Evidence of reasonable steps taken to locate the defendant
• A proposed alternative method that is likely to bring the documents to the defendant's attention
• Proportionality and fairness in the method chosen

Common scenarios include:

• Defendant is evading service
• Defendant's location is unknown despite reasonable enquiries
• Cross-border service complications (including Hague Convention issues)
• Known contact methods exist but are not formally valid under CPR rules (for example, email, messaging apps, or service via solicitors)

Courts consistently emphasise that the central question is whether there is a good reason to depart from standard service rules and whether the proposed method is effective in achieving notice.

Common Methods Ordered by the Court

Where alternative service is granted in commercial proceedings, courts frequently authorise:

• Service by email to a known and regularly used address
• Service on solicitors known to be acting for the defendant
• Service by courier or delivery to a last known address
• Service by text message or messaging applications
• Service via social media accounts (in limited cases)
• Affixing documents to a property or business premises
• Service on corporate officers or parent companies

The court may also permit retrospective validation, meaning steps already taken (even if technically non-compliant) are treated as valid service.

Step-by-Step: How to Apply for Alternative Service

Step 1: Identify the service difficulty

The application must clearly explain why standard service is not working. Typical evidence includes:

• Returned mail or failed delivery attempts
• Process server reports
• Evidence of avoidance behaviour
• Inability to trace current address
• Cross-border service barriers

Step 2: Carry out reasonable attempts at service

Before applying, the applicant is expected to show genuine efforts, such as:

• Attempting service at last known address
• Checking company records (for corporate defendants)
• Using tracing agents or public records searches
• Attempting email or known communication channels

The court expects a documented history of attempts.

Step 3: Choose a proposed alternative method

The application must propose a specific method that is:

• Practical
• Evidence-based
• Likely to bring proceedings to the defendant's attention

Examples include:

• Email to a verified business address
• Service on solicitors previously instructed
• Delivery to a registered office
• Messaging via a known contact channel used for business communication

Step 4: Prepare evidence (witness statement)

An application under CPR 6.15 must be supported by evidence, typically a witness statement setting out:

• Chronology of attempted service
• Why those attempts failed
• Evidence linking the proposed method to the defendant
• Explanation of why the method is likely to succeed
• Any urgency (for example, limitation deadlines or freezing orders)

Step 5: Issue an application (N244)

The application is made using form N244 (application notice) in the Commercial Court or High Court.

The application should request:

• An order permitting alternative service under CPR 6.15
• Specification of the exact method or place of service
• The deemed date of service
• Permission for any steps already taken to be treated as valid service (if relevant)

Applications may be made without notice where urgency is justified.

Step 6: Court determination

The court will consider:

• Whether there is a “good reason” to depart from standard service
• Whether the method ensures effective notice
• Whether the application is proportionate
• Any jurisdictional or international service rules (for example, Hague Service Convention requirements)

If granted, the order will define exactly how service must be carried out and when it is deemed effective.

Risks and Practical Considerations

1. Service validity challenges

If alternative service is not properly authorised, proceedings may be challenged for defective service, potentially leading to delay or strike out.

2. Strict compliance with the order

Once granted, the method must be followed precisely. Any deviation may invalidate service.

3. International defendants

Where defendants are abroad, the court will carefully assess whether alternative service conflicts with international service conventions.

4. Evidence burden

Applications often fail where evidence of attempts at standard service is weak or incomplete.

Relationship with Dispensing with Service

Dispensing with service under CPR 6.16 is used only in rare circumstances and removes the requirement to serve entirely. Alternative service remains the default mechanism where service is difficult but still possible.

Practical Example

A claimant in a commercial contract dispute attempts to serve a foreign corporate defendant at its registered office, but all mail is returned and process servers confirm the office is vacant. The claimant also shows that senior executives regularly communicate via a specific email address used in negotiations.

The claimant applies under CPR 6.15 seeking permission to serve the claim form by email to that address. The court grants the order, finding that email service is likely to bring the proceedings to the defendant's attention and is proportionate in the circumstances.

Final Thoughts

Alternative service in commercial proceedings is a procedural mechanism designed to prevent defendants from avoiding litigation through technical or practical barriers to service. The court will only grant permission where there is clear evidence that standard service has failed or is impractical and where the proposed method is likely to ensure actual notice.

An application requires detailed evidence, a clearly defined alternative method, and compliance with CPR Part 6. Once granted, strict adherence to the court's order is essential to ensure valid service.