Service of the claim form - outside jurisdiction

Question 1

when must the claim form be served?

give an example

Answer 1

CF must be served within 6 months of the date of issue

i.e.: CF issued on 3 March. Deadline for service = 2 September.

Question 2

when is permission not required?

Answer 2

Permission is not required where:
o Service is to take place in Scotland or Northern Ireland
o Contract contains a jurisdiction clause that E&W courts have jurisdiction to determine the claim
o D party to Hague Convention Choice of Court Agreements

Permission must be obtained in all other cases

Question 3

when will the court grant permission for service outside of the jurisdiction?

Answer 3

The court will grant permission for the CF to be served outside the jurisdiction where:
1. There is a serious issue to be tried;
2. There is a good and arguable case i.e. a jurisdictional gateway is satisfied
3. England is the proper forum to hear the case

Question 4

what are some of the jurisdictional gateways?

Answer 4

a) C domiciled in England;
b) Contract made in England; governed by English law; or breached in England
c) Tortious damage sustained in England

Question 5

how is the application typically made and considered?

Answer 5

without notice + on the papers

Question 6

explain the position regarding service of other documents

Answer 6

permission to serve other documents is not required where permission to serve the CF was not required or was obtained.

Question 7

how is service effected in Scotland and Northern Ireland?

Answer 7

same methods as within E&W

Question 8

how is service effected outside the UK?

Answer 8

o Service through foreign governments, judicial authorities and British Consular
o Service on a State
o Any method permitted by the laws of the country