Q&As

When serving a claim form out of the jurisdiction in Germany, which box do I need to tick in Form N510?

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Published on LexisPSL on 24/09/2018

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

  • When serving a claim form out of the jurisdiction in Germany, which box do I need to tick in Form N510?
  • Does the English court have jurisdiction?
  • Is permission of the court required to serve out of the jurisdiction?
  • How to complete Form N510

Does the English court have jurisdiction?

When determining which box to tick in Form N510, it is essential to determine whether the English courts have jurisdiction to hear the claim. You have stated that the contract provides for the applicable law of the dispute to be the laws of England and Wales but you have not stated whether there is a written jurisdiction clause which provides for the English courts to have jurisdiction to hear the dispute. You therefore need to consider whether they do have jurisdiction.

The jurisdictional provisions when dealing with a dispute between companies in England and Germany are set out in the Regulation (EU) 1215/2012, Brussels I (recast). When dealing with a jurisdiction agreement, Article 25 of Regulation (EU) 1215/2012, Brussels I (recast) requires that this is a written agreement. Should you require guidance in determining whether this provision applies to the matter you are dealing with, see Practice Notes: Brussels I (recast)—requirements for an effective choice of court agreement (art 25) and Brussels I (recast)—choice of court agreements (art 25).

Note that despite the agreement of the parties, the English court may not have jurisdiction if the dispute is one in which Ar

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