Q&As

If the defendant intends to dispute service on the basis that the claimant was required, but failed to apply to the court for permission to serve out of the jurisdiction, should the defendant file an acknowledgment of service?

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Produced in partnership with Jonathan Edwards of Radcliffe Chambers
Published on LexisPSL on 08/11/2016

The following Dispute Resolution Q&A produced in partnership with Jonathan Edwards of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • If the defendant intends to dispute service on the basis that the claimant was required, but failed to apply to the court for permission to serve out of the jurisdiction, should the defendant file an acknowledgment of service?
  • The requirement for permission
  • The need for the defendant to take action
  • The procedure for challenging the court’s jurisdiction
  • The basis for the challenge

If the defendant intends to dispute service on the basis that the claimant was required, but failed to apply to the court for permission to serve out of the jurisdiction, should the defendant file an acknowledgment of service?

This Q&A considers how a defendant should respond to receiving proceedings for which the claimant was required to, but did not, obtain the court's permission.

The requirement for permission

Under the Civil Procedure Rules (CPR) the court's permission is required before a claim form in certain proceedings in the jurisdiction of England and Wales may be served outside the jurisdiction. Exceptions to this are set out in CPR 6.32 and CPR 6.33. Where permission is required, the grounds for seeking permission are set out at CPR 6.37 and CPR PD 6B, para 3.1. The purpose of requiring the court’s permission is that it provides the court with the ability to consider at an early stage whether it has jurisdiction to determine the dispute between the parties, and if it does, whether it is appropriate for the proceedings to be heard by the courts of England and Wales. Such applications for permission are often heard without notice to the other party. It should be noted that permission is obtained, this does not preclude a jurisdictional challenge by the defendant.

The need for the defendant to take action

This Q&A assumes both that

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