The following Dispute Resolution guidance note Produced in partnership with K & L Gates 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 explains when claim form can be served outside the jurisdiction without court permission. The rules relating to service out of the jurisdiction are set out in section IV of CPR 6. Permission is not required under CPR 6.32 and CPR 6.33 where the courts of England and Wales have jurisdiction under Regulation (EU) 1215/2012, Brussels I (recast), the Brussels Convention, the Lugano Convention, the Hague Convention on Choice of Court Agreements and the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982).
Where no permission is required to serve the claim form out of jurisdiction (ie under CPR 6.32 or CPR 6.33), the claimant is required under CPR 6.34(1) to complete a notice of statement of grounds—Form N510. For guidance on completion of the form, see Practice Note: Service outside the jurisdiction—Form N510.
The general rule is that documents must be served within the jurisdiction, ie England and Wales (CPR 6.6(1), CPR 2.3). However, there are exceptions to this rule that permit service to be effected on a defendant out of the jurisdiction. These exceptions apply where the courts of
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