04 November 2020 / Paul Lowenstein KC , Andrew Dinsmore

Issue: 7909 / Categories: Features , Procedure & practice

At your service: Developments in the law on service

Paul Lowenstein QC & Andrew Dinsmore outline recent developments in the law on service

In brief

A consideration of recent cases relating to personal service which suggest that, while they demonstrate the court’s willingness to adapt the rules incrementally to new situations, it is time for the Law Commission to undertake a wholescale review of the rules on service in the modern, digital age.

Under English law, proceedings are commenced by the service of the claim form (Russell v Cayzer, [1916] 2 AC 298, 302-303, [1916-17] All ER Rep 630). This can be by way of:

Personal service within the jurisdiction in accordance with CPR r 6.3 & 6.5;
Service out of the jurisdiction in accordance with CPR r 6.36 & 6.37 and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (the Hague Convention) and EU Regulation 1393/2007 (the EU Service Regulation); and/or
Service by alternative means in accordance with

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

At your service: Developments in the law on service

Paul Lowenstein QC & Andrew Dinsmore outline recent developments in the law on service

In brief

A consideration of recent cases relating to personal service which suggest that, while they demonstrate the court’s willingness to adapt the rules incrementally to new situations, it is time for the Law Commission to undertake a wholescale review of the rules on service in the modern, digital age.

Under English law, proceedings are commenced by the service of the claim form (Russell v Cayzer, [1916] 2 AC 298, 302-303, [1916-17] All ER Rep 630). This can be by way of:

Personal service within the jurisdiction in accordance with CPR r 6.3 & 6.5;
Service out of the jurisdiction in accordance with CPR r 6.36 & 6.37 and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (the Hague Convention) and EU Regulation 1393/2007 (the EU Service Regulation); and/or
Service by alternative means in accordance with

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS

Read All

NLJ this week: Tightening the screws on JCT terminations

The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment

NLJ this week: Old rules, fresh warnings in employment law

Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes

NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession

The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself

NLJ this week: Surrogacy children caught in succession gap

A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’

NLJ this week: Online safety law at a crossroads

Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design

Error message

At your service: Developments in the law on service

In brief

In brief

MOVERS & SHAKERS

Cripps—Radius Law

Switalskis—Grimsby

Slater Heelis—Will Newman & Lucy Spilsbury