Q&As

What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States?

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Published on LexisPSL on 23/10/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States?
  • Putting respondents on notice of applications
  • Hearing notices
  • Service of documents outside England and Wales
  • Enforcement of a court order

What are the general rules for serving applications and giving notice of a hearing to a defendant who is in the United States?

We have assumed that the matter is not proceeding in the Commercial Court—different rules apply in relation to applications in this court.

Putting respondents on notice of applications

In civil proceedings before the courts in England and Wales, applications are initiated by the applicant filing an application notice (usually, Form N244). Generally, applications are governed by the procedural rules set out in CPR Part 23 and CPR PD 23A. See Practice Note: Making an application.

The application notice should state the applicant's full name and (if not a party already) their address for service—see Practice Note: Serving documents—excluding the claim form and defence—Address for service (CPR 6.23).

The general rule is that applications should be served on the other parties, although there are exceptions (CPR 23.4). See also Practice Note: Applications without notice at section When an application can be without notice. One of the exceptions is when an application without notice is permitted by a court order, rule or practice direction. Even where a without notice application would be permitted there are certain duties which befall an applicant, including a duty of full and frank disclosure and, where possible, to give informal notice (where time is shortened, for example, because the application is urgent).

If none

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