Serving outside the jurisdiction with court permission—application and order
Produced in partnership with K&L Gates
Serving outside the jurisdiction with court permission—application and order

The following Dispute Resolution guidance note Produced in partnership with K&L Gates provides comprehensive and up to date legal information covering:

  • Serving outside the jurisdiction with court permission—application and order
  • Timing of the application
  • Type of application—on notice/without notice
  • Making the application
  • Application form
  • Evidence—requirements
  • Evidence—grounds/gateways
  • Evidence—duty for full and frank disclosure
  • Order granting permission
  • Court's consideration of the application
  • more

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an application and the form of order required. An application to serve out of the jurisdiction is generally made without notice and on the papers. Key considerations for supporting evidence are ensuring the gateways are identified and explained, setting out that the claimant believes the claim has a reasonable prospect of success and ensuring compliance with the duty for full and frank disclosure (Brink Mats) including the need to deal with pending or prospective proceedings and additional facts which would have known to the claimant if proper inquiries had been made. Material non-disclosure may lead to an order granting permission to serve out being set aside and a new application being made or, if the order is not set aside, adverse costs orders may be made against the claimant.

An application is not required where permission of the court to serve out of the jurisdiction is not required. For guidance, see Practice Note: Serving outside the jurisdiction with court permission—when is permission required? and Serving outside the jurisdiction—without court permission.

When making an application to serve a claim form out of the jurisdiction, see Precedents:

  1. Application notice for permission to serve claim form out of the jurisdiction: Atkin's Court