Q&As

If serving a claim form on an individual in Jamaica, is permission of the court required to serve out of the jurisdiction?

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Published on LexisPSL on 30/01/2020

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

  • If serving a claim form on an individual in Jamaica, is permission of the court required to serve out of the jurisdiction?

If serving a claim form on an individual in Jamaica, is permission of the court required to serve out of the jurisdiction?

This Q&A assumes that the property is in England.

Whether permission is required to serve out of the jurisdiction will depend on the nature of the dispute between the parties. Generally, if serving a defendant domiciled in Jamaica permission of the court would be required to serve the claim form out of the jurisdiction. See Practice Note: Determining whether permission is required to serve the claim form out of England and Wales.

However, there are situations in which permission of the court is not required and this occurs if the provisions in Regulation (EU) 1215/2012, Brussels I (recast) apply. The UK, while it is still a member of the EU (and during any transition period following the UK's exit from the EU), has to apply the jurisdictional provisions in the regulation if applicable even if the dispute involves an intended defendant domiciled outside the EU. Two examples of provisions in the regulation that may be of interest are:

  1. Article 24 of Regulation (EU) 1215/2012, Brussels I (recast) applies where there is a dispute

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