Cross-border service—applications

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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 other considerations that apply in respect of cross-border service, see: Cross-border service principles—overview and Cross-border service and issues with service—overview.

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.

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.

Is the court’s permission required?

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 insight, see Practice Note:

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