Q&As

I do not need permission to serve the claim form out of the jurisdiction. I need to serve the particulars of claim separately but I don’t know whether I need the court’s permission to serve the particulars—CPR 6.38(2) does not seem to apply as this refers to the situation where the court has already given permission to serve the claim form. Do I need the court’s permission? Which rule in CPR 6 is the answer set out in?

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Produced in partnership with Julia Dias QC of 7KBW
Published on LexisPSL on 18/02/2021

The following Dispute Resolution Q&A produced in partnership with Julia Dias QC of 7KBW provides comprehensive and up to date legal information covering:

  • I do not need permission to serve the claim form out of the jurisdiction. I need to serve the particulars of claim separately but I don’t know whether I need the court’s permission to serve the particulars—CPR 6.38(2) does not seem to apply as this refers to the situation where the court has already given permission to serve the claim form. Do I need the court’s permission? Which rule in CPR 6 is the answer set out in?
  • Service of Particulars of Claim out of the jurisdiction where permission to serve the Claim Form is not required.

I do not need permission to serve the claim form out of the jurisdiction. I need to serve the particulars of claim separately but I don’t know whether I need the court’s permission to serve the particulars—CPR 6.38(2) does not seem to apply as this refers to the situation where the court has already given permission to serve the claim form. Do I need the court’s permission? Which rule in CPR 6 is the answer set out in?

Service of Particulars of Claim out of the jurisdiction where permission to serve the Claim Form is not required.

This Q&A addresses the question of whether permission is required to serve Particulars of Claim out of the jurisdiction where service of the Claim Form does not require such permission.

The answer is fairly

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