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The Civil Procedure Rules 1998, Section 6.33 is up to date with all changes known to be in force on or before 15 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
6.33.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine [F3under sections 15A to 15E of the 1982 Act] and—
(a)F4... no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom F5...; and
[F6(b)F7(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)the defendant is not a consumer, but is a party to a consumer contract within [F8section 15B(1) of the 1982 Act]; [F9or]
(iii)the defendant is an employer and a party to a contract of employment within [F10section 15C(1) of the 1982 Act];
F11(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
F13(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14(2B) The claimant may serve the claim form on a defendant outside the United Kingdom where, for each claim made against the defendant to be served and included in the claim form—
(a)the court has power to determine that claim under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention; F15...
(b)a contract contains a term to the effect that the court shall have jurisdiction to determine that claim [F16; or
(c)the claim is in respect of a contract falling within sub-paragraph (b).]]
(3) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine other than under F17... [F18 the 2005 Hague Convention F17...] notwithstanding that—
(a)the person against whom the claim is made is not within the jurisdiction; or
(b)the facts giving rise to the claim did not occur within the jurisdiction.]
Textual Amendments
F1Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1
F2Rule 6.33(1) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in rule 6.33(2) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(i) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in rule 6.33(2)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(ii)(aa) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in rule 6.33(2)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(ii)(bb) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F6Rule 6.33(2)(b) substituted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 4(3)(a)(ii) (with rule 6)
F7Rule 6.33(2)(b)(i) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(aa) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in rule 6.33(2)(b)(ii) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(bb) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F9Word in rule 6.33(2)(b)(ii) inserted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(cc) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in rule 6.33(2)(b)(iii) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(dd) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F11Rule 6.33(2)(b)(iv) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(ee) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F12Rule 6.33(2)(b)(v) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(ee) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F13Rule 6.33(2A) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(c) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F14Rule 6.33(2B) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 6
F15Word in rule 6.33(2B)(a) omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(4)(a)
F16Rule 6.33(2B)(c) and word substituted for full stop (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(4)(b)
F17Words in rule 6.33(3) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(d) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in rule 6.33(3) substituted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), reg. 1(1), Sch. para. 2(3)
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