Q&As

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

read titleRead full title
Published on LexisPSL on 26/05/2020

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

  • In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?
  • What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction?
  • Could Brussels I (recast) apply?

In the context of understanding whether or not permission is needed to serve debt proceedings on a company based in Jersey where there is an express jurisdictional clause in the contract submitting to the English courts, could Regulation (EU) 1215/2012, Brussels I (recast) apply?

What is the relevance of Regulation (EU) 1215/2012 (Brussels I (recast)) when considering whether permission is required to serve out of the jurisdiction?

Permission is not required to serve a claim form out of the jurisdiction where the factors in CPR 6.32 or CPR 6.33 are satisfied (note that CPR 6.32 is not relevant in this instance as it only applies to Scotland and Northern Ireland).

CPR 6.33 sets out various scenarios where the permission of the court is not required to serve out of the UK. These include (at CPR 6.33(2)) reference to various provisions of Regulation (EU) 1215/2012 (Brussels I (recast)). These are detailed below.

Permission is not required where the following requirements are all met:

  1. the claim is a claim that the court has power to determine under the Judgments Regulation (defined in CPR 6.31(d) as Brussels I (recast)) (CPR 6.33(2))

  2. no proceedings between the parties concerning the same claim are pending in the courts of any other part of the UK or any other EU Member State (CPR 6.33(2)(a)). This is though subject to the exception set out in CPR

Popular documents