Serving a Claim Form Outside the Jurisdiction Flashcards
(7 cards)
What is the validity period of a claim form that is to be served outside the jurisdiction?
A. 3 months
B. 4 months
C. 5 months
D. 6 months
D. 6 months
Explanation: Under CPR 7.5(2), a claim form is valid for service for 6 months if it is to be served outside the jurisdiction, compared to 4 months within the jurisdiction.
When is permission from the court NOT required to serve a claim form out of the jurisdiction?
A. When the claim relates to tort
B. When the Hague Convention applies
C. When the claimant is domiciled in England
D. When the defendant has no address in the UK
B. When the Hague Convention applies
Explanation: If the Hague Convention on Choice of Court Agreements applies (i.e., exclusive jurisdiction clauses), no permission is required to serve abroad (CPR 6.33(2B)).
A claimant sues a US company that has a branch in London. The contract was negotiated in New York and performance took place in the US. Can the claim form be served on the London branch without court permission?
A. No, because the contract was not formed in the UK
B. Yes, because the defendant is domiciled in the UK
C. No, because the courts of England have no jurisdiction
D. Yes, because the branch is within the jurisdiction
D. Yes, because the branch is within the jurisdiction
Explanation: Under CPR 6.9(2), a foreign company can be served at its place of business within England and Wales, giving the court jurisdiction without needing permission.
A claimant wishes to sue a Canadian defendant for a tort that occurred in England. The defendant now resides in Canada. What must the claimant show to obtain permission to serve out?
A. The parties are in different jurisdictions
B. That the defendant’s actions were intentional
C. A jurisdictional gateway, reasonable prospects, and that England is the proper place
D. That the defendant has no assets in Canada
C. A jurisdictional gateway, reasonable prospects, and that England is the proper place
Explanation: Under CPR 6.37 and 6B PD 3.1, permission to serve out requires (1) a gateway, (2) reasonable prospects of success, and (3) England/Wales being the proper forum (forum conveniens).
You are instructed to serve a claim form on a defendant in Brazil. There is an exclusive jurisdiction clause in the contract favouring England and Wales. What should you do first?
A. Apply to court for permission to serve abroad
B. Post the claim form directly
C. File Form N510 with the claim form
D. Serve using any UK-based method
C. File Form N510 with the claim form
Explanation: If permission is not needed (because of a jurisdiction clause), Form N510 must still be filed on issue to confirm jurisdiction under CPR 6.34.
When a claim form is served on a defendant outside of the jurisdiction, what is the effect on the time allowed for filing an acknowledgment of service or a defence?
A. The defendant is given an extended period to respond, depending on the destination country
B. The time for responding is the same as if the defendant was served inside the jurisdiction
C. The defendant must respond within 7 days regardless of location
D. The defendant must apply for permission to extend time
A. The defendant is given an extended period to respond, depending on the destination country
Explanation: Under CPR Part 6 and associated practice directions, defendants served outside the jurisdiction are typically allowed longer periods to respond, depending on where they are located. This ensures fairness due to international logistics and notice.
You are serving a claim form on a defendant in a country not party to any service treaties. Which of the following is an acceptable method of service under CPR 6.40?
A. Service through a method permitted under the law of the destination country
B. Service only by diplomatic bag
C. Email service without local legal compliance
D. Service by UK court bailiff regardless of local law
A. Service through a method permitted under the law of the destination country
Explanation: CPR 6.40 permits service in a manner permitted by the law of the destination country. Local compliance is essential. The other options either lack legal authority or contravene international norms.
