Cross-border service—applications

Copyright © 2025 LexisNexis

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, the different elements that the claimant will need to satisfy, as well as an application by the defendant to appeal the order in which permission has been granted.

Other considerations apply for cross-border service. For a summary, 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 England and Wales, 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 England and Wales if the court has the jurisdiction to determine the dispute between the parties. Permission is not required in cases in which specific criteria have been met. For insight,

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

Limits of court assistance under sections 43–44 Arbitration Act 1996 (VXJ v FY, RH & XL)

Arbitration analysis: In VXJ v FY, RH & XL, the Commercial Court refused an application by VXJ for court assistance under sections 43 and 44 of the Arbitration Act 1996 (AA 1996). VXJ had sought to compel non-party shareholders to produce corruption investigation files, US litigation documents and technical reports for use in a London-seated United Nations Commission on International Trade Law (UNCITRAL) arbitration. The court held that the requests were drafted too broadly, raised significant issues of privilege and confidentiality, and would impose disproportionate burdens, particularly given the scale of the archives involved. It emphasised that a witness summons under section 43 requires precise identification of documents and proof of necessity, while section 44(2)(c) is confined to inspection or preservation of property, not disclosure of document contents. The decision highlights the narrow scope of court intervention in arbitration, reinforcing that non-party relief will only be granted where the application is tightly framed, necessary, and proportionate. Written by Tatiana Minaeva, partner at Reynolds Porter Chamberlain LLP.

Court of Appeal quashes injunction against an asylum hotel

Planning analysis: The Court of Appeal overturned the High Court decision that temporarily barred the use of a hotel in Epping, Essex, to house asylum seekers. It ruled that (i) the injunction had been wrongly granted and (ii) the Home Office had wrongly been denied being joined to the proceedings as it was ‘plainly directly affected’ by the outcome of the injunction application given its statutory duties to provide support and prevent destitution among asylum seekers. Written by Jack Smyth, barrister, No5 Chambers.

Privacy fears loom over court's transparency initiative

Law360, London: A new pilot programme in the Commercial Court that would push more key case documents into the public eye could drive privacy-conscious companies and individuals to opt for arbitration over conventional litigation, disputes lawyers say.

Dispute Resolution weekly highlights—2 October 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Supreme Court announcing amendments to its Practice Direction and that of the Judicial Committee of the Privy Council and the High Court decision in JAK Property Jersey Ltd v Together Commercial Finance Ltd (contract interpretation); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Forum non conveniens—principles

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

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an

Foreign currency claims

Foreign currency claimsThis Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For
Forum non conveniens—principles

Forum non conveniens—principles

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

Anti-suit injunctions—principles

Anti-suit injunctions—principles

Anti-suit injunctions—principlesThis Practice Note considers anti-suit injunctions which are a form of injunctive relief used to restrain a party from either commencing or continuing court proceedings. It explains what an anti-suit injunction is and the power of the courts to grant such an

Foreign currency claims

Foreign currency claims

Foreign currency claimsThis Practice Note considers the issue of bringing a claim in a foreign currency. In doing so it explains the underlying case law as to whether a claim can be brought in a foreign currency and how to bring such a claim. It also considers how a defendant can challenge a claim

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For