further or in the alternative

Further or in the alternative is used in court documents to allege alternative factual situations. The alternatives may be (1) in addition to those allegations previously pleaded in the particular statement of case (the further), or (2) alternative to the allegations preceding the particular allegation (the alternative) already made in the statement of case. “Further or in the alternative” may be translated to “In addition to the foregoing allegations or in substitution to the foregoing …”.

Structuring a statement of case in this way allows the party to assert allegations in the litigation which may be cumulative with the previous allegations, or if those previous allegations do not succeed on the evidence (upon the court making a contrary finding of fact at the trial) to rely on those facts independently of the foregoing allegations. In this way, the party may succeed on both the foregoing allegations and the subsequent allegations, or one of either.  A Court may find that none of the allegations succeed on the evidence.

For example, the particulars of claim might state:

1. …
2. The Defendant copied the work of the Claimant without the licence of the Claimant and thereby infringed the copyright.
3. Further and in the alternative, the defendant used the trade mark of the Claimant in the course of trade and thereby infringed the trade mark of the Claimant.
4. …

Accordingly, the claimant alleges copyright infringement, and further or in the alternative trade mark infringement.