The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.
This Practice Note provides an overview of when the court’s permission is required to serve out of the jurisdiction. It sets out the general rule for service of the claim form in the jurisdiction and then considers whether permission of the court is required to serve the claim form out of the jurisdiction. It also considers whether a defendant can still dispute the court’s jurisdiction where permission has been given by the court.
For detailed guidance on service without permission, see Practice Note: Serving outside the jurisdiction—without court permission.
For detailed guidance on service with permission, see Practice Notes: Serving outside the jurisdiction with court permission—application and order, English court jurisdiction—requirements, Serving outside the jurisdiction with court permission—jurisdictional gateways, Forum non conveniens—scope and application, Forum non conveniens—connecting factors and Forum non conveniens—requirement for justice.
The general rule is that documents must be served within the jurisdiction, ie England and Wales (CPR 6.6(1)). If the defendant is domiciled outside the jurisdiction you will need to determine whether the court's permission is required to effect service on the defendant.
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