SERVICE BY TEXT: ALLOWED IN AN EXCEPTIONAL CASE

The facts in NPV v QEL & Anor [2018] EWHC 703 (QB) were exceptional.  However it does show that in some circumstances the courts will allow service by text.

THE CASE

The claimant was applying for an injunction to prevent alleged blackmailers.    The first defendant was someone he had a relationship with, the second an unknown person who attempted to extract £75,000 in a series of phone calls, threatening to expose the relationship with the first defendant.   A meeting had been set up with the second defendant the day after the court hearing.

The claimant successfully obtained an injunction.  It was planned to serve it at the meeting (in place of handing over the £75,000).  The judge considered how service should take place if the meeting did not occur.

THE JUDGMENT

“I have permitted service of the application upon the Second Defendant by text message. As I have noted above (paragraph 15), the intention and expectation were that the Second Defendant would be served with the injunction order (and other documents required to be served on him) at the meeting due to take place on 28 March 2018. If this does not prove possible, I have allowed service by the only practical alternative means presently available to the Claimant.”