Cross-border service—principles

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

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.

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 England consider whether there is any basis on which the claim form may be served in England, for example:

  1. •

    consider whether there is a contractually agreed method of service, such that proceedings can be served in the jurisdiction. For guidance, see Practice Note: Service of the claim form by a contractually agreed method (CPR 6.11)

  2. •

    whether service can be effected under the Companies Act 2006 in England. For guidance, see Practice Note: Serving documents under the Companies Act 2006

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

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