Q&As

When serving a Part 7 claim form in the jurisdiction, do I need to take any special procedural steps given the claimant is domiciled outside the jurisdiction (the claimant was in the jurisdiction at the time the action arose in England in Wales)?

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Produced in partnership with Kayleigh Lindford of Clarke Willmott
Published on LexisPSL on 02/03/2018

The following Dispute Resolution Q&A produced in partnership with Kayleigh Lindford of Clarke Willmott provides comprehensive and up to date legal information covering:

  • When serving a Part 7 claim form in the jurisdiction, do I need to take any special procedural steps given the claimant is domiciled outside the jurisdiction (the claimant was in the jurisdiction at the time the action arose in England in Wales)?

When serving a Part 7 claim form in the jurisdiction, do I need to take any special procedural steps given the claimant is domiciled outside the jurisdiction (the claimant was in the jurisdiction at the time the action arose in England in Wales)?

This Q&A assumes that jurisdiction has already been considered and it has been decided that the Courts of England and Wales have jurisdiction to resolve the dispute and that the defendant is domiciled within England or Wales. It also assumes that the appointment of a litigation friend is being considered because the claimant is a protected party (CPR 21.2(1)). This Q&A does not consider whether the Courts of England and Wales have jurisdiction to resolve the dispute and the procedure for appointing a litigation friend is not considered in detail. For guidance regarding jurisdiction, see Practice Note: Determining whether the courts of England and Wales have jurisdiction—key requirements.

The CPR does not specify any particular procedural steps to be taken where it is the claimant who is domiciled outside England and Wales. However, the claimant will need to provide an address for service of documents on themselves which is in the jurisdiction. CPR 6.23(2) provides that, except where any other rule or practice direction makes a different provision, a party’s address for service must be in the jurisdiction. CPR PD 16, para 2.2

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