Q&As

Company A has offices in the UK and its head office is located and registered in the Netherlands. A contract with Company B provides for UK jurisdiction covering the terms and conditions. Can Company B subsequently issue proceedings against Company A by serving the claim form at their UK offices? If successful, can enforcement action be commenced against the UK assets?

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Published on LexisPSL on 03/01/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Company A has offices in the UK and its head office is located and registered in the Netherlands. A contract with Company B provides for UK jurisdiction covering the terms and conditions. Can Company B subsequently issue proceedings against Company A by serving the claim form at their UK offices? If successful, can enforcement action be commenced against the UK assets?
  • UK jurisdiction
  • Can Company A be served with the claim form at its UK offices?
  • If successful, can enforcement action be commenced against the UK assets?

UK jurisdiction

There is no UK court; the courts for the UK are those in the three different jurisdictions, being England and Wales, Scotland and Northern Ireland. The UK jurisdiction clause may therefore be problematic in determining which court has jurisdiction.

For guidance on determining jurisdiction within the UK, see Practice Note: Allocation of jurisdiction within the UK courts.

Can Company A be served with the claim form at its UK offices?

It has been assumed that the courts of England and Wales have jurisdiction to determine the dispute. The rules on service can be difficult to navigate and parallel regimes are set out in the Companies Act 2006 and in CPR 6. The application of the rules will depend on the specific circumstances of the case. General issues to consider are whether:

  1. Company A has registered its particulars with Companies House—CA 2006, ss 1044 and 1139 sets out provisions for service on an overseas company in England and Wales. For guidance, see Practice Note: Serving documents under the Companies Act 2006

  2. the contract between the two companies provides for service of the claim form—if the contract contains a clause making provision for proceedings to

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