Tracker—changes to CPR 6 and practice direction 6B

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Tracker—changes to CPR 6 and practice direction 6B
  • The Civil Procedure (Amendment) Rules 2021—new rule 6.33(2B)(b)
  • Recommendations from the Lord Chancellor’s Advisory Committee on Private International Law
  • The work of the CPR Committee to implement the recommendations
  • 127th Practice Direction update—amends CPR PD 6B, para 3.1(6)
  • 107th practice direction update
  • The Civil, Criminal and Family Justice (Amendment) (EU Exit) Regulations 2020, SI 2020/1493
  • The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521
  • Amendments to Part 6
  • Transitional and saving provision

Tracker—changes to CPR 6 and practice direction 6B

The Civil Procedure (Amendment) Rules 2021—new rule 6.33(2B)(b)

The Civil Procedure (Amendment) Rules 2021, SI 2021/117, reg 6 amended CPR 6.33(2B). The change came into force on 6 April 2021.

The rule has been restructured to cover the Hague Convention on Choice of Court Agreements in para (a) and jurisdiction clauses in para (b) as follows:

‘(2B) The claimant may serve the claim form on a defendant outside the United Kingdom where, for each claim made against the defendant to be served and included in the claim form—

(a) the court has power to determine that claim under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention; or

(b) a contract contains a term to the effect that the court shall have jurisdiction to determine that claim.’

The intention of the new sub section (b) is to simplify service outside England and Wales in cases in which the parties entered into a jurisdiction agreement that makes provision for the courts of England and Wales to have jurisdiction and the Hague Convention on Choice of Court Agreements is not applicable. However, the intended breadth of the rule is unclear ie is it intended to apply:

  1. in limited circumstances—only in cases involving

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