Service of the claim form and other documents: outside the jurisdiction

Service of a claim is the procedure used to give legal notice to a defendant of a court's exercise of its jurisdiction over the defendant, enabling him to respond to the proceedings before the court.

In some cases where the English court has jurisdiction to resolve a dispute, one or more defendants may be located outside the court's jurisdiction. This practice note sets out the framework for service of English claim forms and other documents on defendants outside England and Wales. It explains the rules which determine whether the claim can be served with or without the court's permission and the procedure for effecting service under the different regimes that apply, depending on where the defendant is domiciled. It also covers service of foreign proceedings in England and Wales. It does not cover serving foreign proceedings in another foreign jurisdiction, for which local advice must be sought.

With effect from 10 January 2015, CPR 6.31 and CPR 6.33(2) were amended in order to facilitate the changes to the jurisdiciton and enforcement rules introduced by Regulation (EU) No 1215/2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Recast Brussels Regulation), which applies across EU member states from 10 January 2015. The changes to CPR 6 provide additional circumstances in which a claimant may serve English proceedings, instituted on or after 10 January 2015, outside the jurisdiction without the permission of the court.

Practical Law Dispute Resolution in association with Allen & Overy LLP


 

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