Cross-border service—principles

This Overview sets out considerations when serving court documents on a defendant situated outside England and Wales.

For other considerations when dealing with cross-border service, see: Cross-border service and applications for permission—overview and Cross-border service and problems with service—overview.

The service of court documents is one of many considerations that arise when dealing with a cross-border dispute. For insight into other considerations, see: Cross-border considerations—checklist.

Before determining how to serve documents outside the jurisdiction, consider whether there is any basis on which the claim form may be served in England, for example:

1. •

   can service be effected in the jurisdiction under provisions in the Companies Act 2006? For guidance, see Practice Note: Serving documents under the Companies Act 2006

2. •

   is there a contractually agreed method of service enabling proceedings to be served in the jurisdiction? For guidance, see Practice Notes: Contractually agreed methods of service and Service of the claim form by a contractually agreed method (CPR 6.11)

Specific rules apply when serving an arbitration claim form. For guidance, see Practice Note: AA 1996—service of arbitration claims within, and out of,