Q&As

What is the process for out of jurisdiction court proceedings where a debtor now resides in Cyprus, and how can an English judgment be enforced there?

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Published on LexisPSL on 21/01/2021

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

  • What is the process for out of jurisdiction court proceedings where a debtor now resides in Cyprus, and how can an English judgment be enforced there?
  • Service
  • Enforcement

This Q&A considers the process for serving court proceedings issued in the courts of England and Wales out of the jurisdiction on a defendant in Cyprus.

Service

The position with regard to issuing proceedings from 1 January 2021 in the courts of England and Wales where a defendant is domiciled in an EU Member State has been impacted by the UK leaving the EU. This is due to the fact that the jurisdictional provisions in EU regulations (namely Regulation (EU) 1215/2012, Brussels I (recast)) no longer apply and the associated CPR 6 provisions for service out of the jurisdiction, without the court's permission, have been revoked. As a consequence, where proceedings are to be issued, it will be necessary to make an application to the court for permission to serve the claim form out of the jurisdiction. This can be done on the papers—it does not require a hearing. It will be necessary to show the court that it has jurisdiction to determine the dispute between the parties and involves a number of different considerations.

It should be noted that if the parties have entered into an exclusive jurisdiction agreement providing for the courts of England and Wales to have jurisdiction, the claim may fall within the provisions of the Hague Convention on Choice of Court Agreements which contains jurisdiction and enforcement provisions and is relevant for

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