Service Out: Alternative Methods, 'Technical Games' And Exceptional Circumstances

EXECUTIVE SUMMARY:

The High Court in Khanna v Khanna [2025] EWHC 3278 (Ch) dismissed the First Defendant's application to set aside an order for service by alternative means (i.e., email) in India (the "Order") and his application for permission to appeal the Order, despite India's objection pursuant to Article 10 of the Hague Service Convention.

The Court found that "exceptional circumstances" were present on the facts of the case and were sufficient to outweigh international comity concerns. These "exceptional circumstances" arose from a combination of factors relating to (i) the potential one-year delay if service by alternative means was not allowed, (ii) the multiple defendants and (iii) the First Defendant's conduct and gamesmanship. The Court made it clear that "[w]hilst none of these factors [was] sufficient by itself to outweigh the importance attached to comity", their "cumulative effect [was] sufficient to do so." The Claimants were therefore allowed