Determining whether permission is required to serve the claim form out of England and Wales
Produced in partnership with K & L Gates
Determining whether permission is required to serve the claim form out of England and Wales

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

  • Determining whether permission is required to serve the claim form out of England and Wales
  • Definitions/abbreviations
  • Key considerations
  • Is permission required?
  • Disputes involving countries other than EU Member States and the application of Regulation (EU) 1215/2012, Brussels I (recast)
  • Considerations when dealing with territories of countries
  • France and its territories
  • The Kingdom of the Netherlands and its territories
  • Specific court guidance

Determining whether permission is required to serve the claim form out of England and Wales

This Checklist sets out when permission of the courts of England and Wales is required, may be required or is not required when serving a claim form in Scotland, Northern Ireland, Jersey, Guernsey, Isle of Man, EU Member States, contracting states of the Lugano Convention, contracting states of the Hague Convention on Choice of Court Agreements. It also addressed the position for service in all other countries. This is an area which is significantly impacted by the UK leaving the EU. It should be noted that this impacts not only service in EU Member States but in other countries as well. For an insight, see: Key considerations below.

Definitions/abbreviations

This Checklist uses a number of definitions and abbreviations as follows:

  1. CPR 6—Part 6 of the Civil Procedure Rules on Service of documents

  2. implementation period—is defined in EU(WA)A 2020, s 1 as the ‘transition or implementation period provided for by Part 4 of the withdrawal agreement and beginning with exit day and ending on IP completion day’. ‘Implementation period’ is the UK’s preferred term. The EU’s preferred term for this period is the ‘transition period’. The two terms are used interchangeably in this Practice Note depending on the underlying reference cited

  3. IP completion day—is defined in EU(WA)A 2020, s 39 as 31 December

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