Service out of the jurisdiction—process flow
Service out of the jurisdiction—process flow

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Service out of the jurisdiction—process flow
  • Determining if the claim form is valid for service
  • Ascertain the validity period of the claim form
  • Is an extension of time for service of the claim form required?
  • When should an extension of time application be made?
  • Retrospective applications
  • Practical considerations
  • Documents for an extension of time application
  • Is alternative service required?
  • Documents for an application for alternative service
  • More...

Service out of the jurisdiction—process flow

The UK's departure from the EU on 31 January 2020 has implications for practitioners serving documents out of England and Wales not only in an EU Member State but also in other countries. This is due to the fact that whether permission is required to serve documents out of England and Wales is inextricably linked with the question of whether the courts of England and Wales have jurisdiction over the dispute between the parties. The application in the UK of jurisdictional regimes under Regulation (EU) 1215/2012, Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements is impacted by the UK’s departure from the EU. For guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners—Service of documents.

For guidance as to whether permission of the court is required to serve in another country, see Practice Note: Determining whether permission is required to serve the claim form out of England and Wales.

This Practice Note sets out a summary of the considerations to take into account when seeking to serve a claim form out of the jurisdiction and links through to more detailed guidance where appropriate. It is based on the rules and guidance provided in the Civil Procedure Rules (CPR) and Practice Directions of England and Wales as well as in international regulations

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