Service of documents on evasive defendants is a common challenge for claimants. When defendants refuse to accept documents, the hurdles to service can be frustrating.
In this ever changing world of emerging technologies, electronic methods of service may solve this issue and the courts show more and more willingness to accept alternative means of service not only for statements of case, but also for orders and judgments.
In a recent case before the High Court, the claimant obtained an order for service on the defendant of a judgment in default via Instagram, after we unsuccessfully attempted to serve the judgment via post and personal service.
Pursuant to CPR 6.3 and 6.20, valid service of the claim form and other documents can be effected by any of the following methods:
1. Personal service in accordance with rule 6.5 or 6.22;
2. First class post, document exchange or other service which provides for delivery on the next business day, in accordance with Practice Direction (PD) 6A;
3. Leaving it at a place specified in CPR 6.7, 6.8, 6.9, 6.10 or 6.23;
4. Fax or other means of electronic communication, in accordance with PD 6A; or
5. Any method authorised by the court, under CPR 6.15 or 6.27.
Electronic messages via Instagram, Facebook are likely to fall under ‘any other means of electronic communication’. However, this requires prior indication in writing from the defendant, or the defendant’s solicitor, that he is willing to accept this method of service and it is subject to any limitations that apply according to the PD.
Alternatively, a party may make an application seeking a court order that either confirms that steps already taken to serve the claim form on the defendant by an alternative method were good service, or permits future service by an alternative method, specified in the application.
Service via Instagram, or other messaging services for that matter, is generally challenging, as the legible reproduction of documents in the form of an image presents technical difficulties.
Whilst courts have previously made orders allowing the service of proceedings via social media, including Twitter and Facebook, this is believed to the first case in which a court in England and Wales made an order permitting service via notice on Instagram and via text message.
English courts are willing to take a modern approach to service by adapting procedures to new technologies and by accepting that in this social media dominated world, service via Facebook, LinkedIn, Instagram and alike seems to be a more and more appropriate method of bringing proceedings to the attention of an evasive defendant.
If you would like to speak to our team about court proceedings please call us on 0114 272 9721