Alternative methods of service and jurisdictional issues (Goshawk Aviation Ltd v Terra Aviation Network)

This case provides a useful summary of the guiding principles in respect of an application for an alternative method of service pursuant to CPR 6.15. It also considers the added complexities in respect of a claim in which service is required to be effected outside of the jurisdiction. It makes clear that there is a distinction when considering alternative service between countries which are party to the 1965 Hague Service Convention or other bilateral treaties, and those which are not. It further provides guidance in respect of the various factors which a court will take into consideration when
weighing up what amounts to a ‘good reason’ to allow for alternative service. In this instance, there was a good reason to permit alternative service. The defendants were fully aware of the claims against them and had a legal team fully up to speed with the litigation as a whole. It was desirable in the interests of justice for all claims to advance together, so
far as possible, and not to be unduly delayed.

This article was first published by Lexis®PSL on 28 April 2021

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