Q&As

How do I validly serve a claim form in Spain/Canary Islands?

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Published on LexisPSL on 18/09/2017

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

  • How do I validly serve a claim form in Spain/Canary Islands?
  • What you need to do to serve?
  • Service regime
  • Date of service
  • Serving documents out of the jurisdiction

How do I validly serve a claim form in Spain/Canary Islands?

As a general rule, documents must be served within the jurisdiction (CPR 6.6(1), CPR 2.3). However, there are exceptions to this rule that permit service to be effected on a defendant out of the jurisdiction. The rules relating to service out of the jurisdiction are set out in section IV of CPR 6. Service of the claim form out of the jurisdiction is possible without the permission of the court if you satisfy the factors in either:

  1. CPR 6.32 (service of the claim form in Scotland and Northern Ireland), or

  2. CPR 6.33 (service of the claim form out of the UK where permission is not required)

Spain/Canary Islands are part of the EU. Permission of the court to serve the claim form out of the jurisdiction is therefore not required. See Practice Note: Determining whether permission is required to serve the claim form out of England and Wales.

What you need to do to serve?

Where permission of the court is not required to serve out of the jurisdiction, you need to file and serve a notice of statement of grounds with the claim form (CPR 6.34). The notice is in form N510 (CPR PD 6B, para 2.1). Form N510 states that the claim form can be served without the permission of the court. It also contains

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