When dealing with issues of cross-border service, a specific consideration will be whether the court’s permission is required to serve a claim form outside England and Wales. This Overview provides an insight into the rationale for such an application and the different elements the claimant will need to satisfy. It also considers appealing the order in which permission has been granted.
For an insight into other issues which may arise when serving outside the jurisdiction, see Practice Note: Cross-border service—a guide for dispute resolution practitioners, Cross-border service principles—overview and Cross-border service and issues with service—overview.
Service of court documents is one of many considerations that arise when dealing with a cross-border dispute. For an insight into other considerations, see: Cross-border considerations—checklist.
A claim form can only be served outside the jurisdiction if the English courts have the jurisdiction to determine the dispute between the parties. Permission is not required in cases in which specific criteria have been met, for example there is a jurisdiction agreement providing for English court jurisdiction. For insight, see Practice Note:
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Applicable law—common law (contract)This Practice Note considers when the common law of England and Wales is applied to determine the law applicable to contract claims. It sets out the process by which the courts of England and Wales will apply the common law to determine which law is applicable to
Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or challenge the jurisdiction of the courts of England and Wales (English courts). There
Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to
Hague Service Convention—service outside the jurisdictionThis Practice Note considers the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters (1965) (the Hague Service Convention). The convention applies between contracting parties and sets out
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