History of Process Serving

History of Process Serving

In the intricate machinery of justice, certain components, while fundamental, often operate beyond public view. Process serving stands as one such unseen pillar, an indispensable function that guarantees fairness and due process in legal proceedings. At its core, process serving is the formal delivery of legal documents to individuals or organisations involved in a legal dispute, providing them with official notice of actions taken against them.

Without this step, legal actions cannot genuinely commence, and the fundamental right to be heard and to respond cannot be upheld. It is the mechanism that transforms a legal claim from a mere assertion into a formal, actionable proceeding, underpinning the entire legal system from ancient disputes to complex modern litigation.

The Dawn of Legal Notice

The concept of legal notice is as old as justice itself. In ancient Athens, citizens initiated legal proceedings and were personally responsible for summoning defendants, often with witnesses present. This direct, oral method highlighted an early understanding that the accused must be made aware of the charges.

The Roman legal system further developed this idea. Initially, plaintiffs would orally summon defendants to court, even retaining the right to physically compel their appearance. However, a significant shift occurred with the cognitio system, where the state began to assume a more central role. Summonses were then served by court officials, marking a transition from private enforcement to state-controlled delivery. This evolution reflects the increasing centralisation of power and the growing recognition of formal, state-backed notification.

Due Process Takes Root in England

The year 1215 marks a pivotal moment with the Magna Carta, which introduced the principle of “due process of law”. This foundational document established the right to a fair trial and, by extension, the absolute necessity of proper notification for any legal action. It enshrined the idea that individuals had a right to be properly informed of proceedings against them and to have a fair opportunity to respond, making process serving a safeguard of individual liberty.

Following the Norman Conquest, the English legal system began to centralise and formalise. This led to the widespread use of ‘writs’, formal commands issued by the Crown, delivered in person to the “wrongdoer” to command their court appearance. County sheriffs became the primary officials for disseminating these instructions, complemented by bailiffs who served summonses and executed warrants. This established a formal, albeit sometimes unreliable, chain of command for service.

Despite formalisation, process serving in medieval England was often haphazard, with sheriffs reporting significant delays. A severe consequence of persistently failing to obey court orders was being declared an “outlaw”, effectively putting one outside the protection of the law and leading to property seizure. This harsh penalty brought to light the importance placed on responding to legal summonses. In an era of widespread illiteracy, the town crier, or bellman, served as the primary means of public communication, reading notices aloud and “posting” them on local inn doorposts. This served as an early form of public, ‘substituted’ notice, ensuring information reached a broader audience when personal service was impossible.

The Age of Formalisation

As the English legal system matured, so too did the roles of its key players. From the 18th century onwards, the legal profession became increasingly formalised and specialised, with barristers and professional judges becoming standard. This professionalisation naturally led to more formalised procedures, including service, increasing the need for reliable, documented delivery.

The 19th century saw significant judicial reforms, driven by a dramatic increase in court workload due to rapid urbanisation. The County Courts Act 1846 established a new network of county courts across England and Wales to deal with civil matters, particularly small debts. Further formalisation came with the Rules of the Supreme Court (RSC) in 1883, which codified personal service as the gold standard – physically delivering a copy of the document to the person, or accepting service via their solicitor.

The increasing complexity and volume of legal work, coupled with the formalisation of service rules, gradually led to the emergence of dedicated professional process servers. The seeds of private inquiry were sown in England in the early 19th century, creating a profession essential for resolving complicated situations. A turning point came in 1852 with the founding of the first known private detective service by Charles Frederick Field, a former police officer, who formalised processes and adopted organised investigative methodologies. Today, process servers are neutral, professional individuals employed to handle the delivery of legal documents, adhering to established rules and procedures. They are responsible for ensuring documents like summonses, complaints, subpoenas, and insolvency demands are delivered to the correct recipient in a timely and professional manner.

Modern Process Serving in the 21st Century

A significant overhaul of civil justice in England and Wales occurred with the introduction of the Civil Procedure Rules (CPR) in 1998. These rules were designed with an “overriding objective”: to enable the court to deal with cases justly and at proportionate cost, ensuring fairness and efficiency.

Under the CPR, various methods of service are permitted. The most common and generally preferred method remains personal service, where the process server delivers the documents directly to the recipient. Other accepted methods include postal service, leaving documents at a known address, and increasingly, electronic means such as email or fax. For electronic service, the recipient or their solicitor must have previously indicated in writing their willingness to accept service by such means.

In situations where personal service is not possible – for instance, if the intended recipient is actively avoiding service, cannot be located, or is simply unavailable – the court may permit “substituted service”.

This is an alternative method of delivering legal documents when traditional personal service has failed despite diligent efforts. Methods can include leaving documents with another responsible adult at the recipient’s address or posting them to their last known address. In modern times, electronic methods, including email and even social media, have become increasingly accepted forms of substituted service, provided the court grants permission.

For example, a 2009 High Court case allowed an injunction to be served via Twitter as a last resort, and the 2019 case of Gray v Hurley permitted service of divorce papers via WhatsApp. However, it is important to note that serving papers through social media platforms is not yet a common practice in England and is only permitted under specific, exceptional circumstances where the court is satisfied it will effectively notify the recipient, requiring clear evidence of active use of the social media account in question.

Upholding the Principles of Proper Service

The journey through the evolution of process serving reveals a consistent underlying imperative: the need to ensure that justice is accessible and fair, predicated on the proper notification of all parties. From the earliest oral summonses to the sophisticated digital methods of today, the core objective has remained constant: to provide formal, verifiable notice to individuals involved in legal proceedings, thereby upholding the fundamental right to due process.

At Tremark Associates, we understand the importance of ‘doing things the proper way’. For 30 years, our accreditation and trusted name in the investigations industry have been built on the very foundations that have shaped process serving for centuries: the absolute necessity of verified information, unwavering respect for due process, and the responsible channelling of insights. Looking for a reliable process server? Simply fill out our form below, and a member of our team will be in touch shortly.