Q&As

What did I need to consider when serving a claim form in Scotland, if I have an exclusive English jurisdiction agreement?

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Published on LexisPSL on 22/10/2014

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

  • What did I need to consider when serving a claim form in Scotland, if I have an exclusive English jurisdiction agreement?

The provisions in relation to serving a claim form in Scotland can be found in Practice Note: Determining whether permission is required to serve the claim form out of England and Wales.

Service of the claim form in Scotland is governed by the CJJA 1982 and the CPR provisions are found in CPR 6.32(1). You will not need permission to serve in Scotland if certain criteria are met, being:

  1. the claim is the type of claim that falls within the CJJA, and

  2. there are no other proceedings involving in the same claim in any other part of the UK

One of three additional requirements must also be met. One of these is that the defendant is a party to an exclusive jurisdiction clause in favour of the English courts. That exclusive jurisdiction clause must meet the

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