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

The following Dispute Resolution practice 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
  • Considerations when putting together the supporting evidence
  • Evidence—jurisdictional gateways
  • Evidence—duty for full and frank disclosure
  • Order granting permission
  • 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—service when no formal jurisdictional regime applies (is permission required?) and Determining whether permission is required to serve the claim form out of England and Wales.

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

  1. Application notice for permission to

Popular documents