The Civil Procedure Rules 1998

[F1 Service of the claim form where the permission of the court is not required - out of the United Kingdom E+W

6.33.— [F2 (1) The claimant may serve the claim form on the defendant out of the United Kingdom where each claim against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act or the Lugano Convention and—

(a) no proceedings between the parties concerning the same claim are pending in the courts of any other part of the |United Kingdom or any other Convention territory; and

(b) (i) the defendant is domiciled in the United Kingdom or in any Convention territory;

(ii) the proceedings are within article 16 of Schedule 1 to the 1982 Act or article 22 of the Lugano Convention; or

(iii) the defendant is a party to an agreement conferring jurisdiction, within article 17 of Schedule 1 to the 1982 Act or article 23 of the Lugano Convention.]

(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 under the Judgments Regulation and—

(a) [F3 subject to paragraph (2A)] no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom or any other Member State; and

[F4 (b) (i) the defendant is domiciled in the United Kingdom or in any Member State;

(ii) the defendant is not a consumer, but is a party to a consumer contract within article 17 of the Judgments Regulation;

(iii) the defendant is an employer and a party to a contract of employment within article 20 of the Judgments Regulation;

(iv) the proceedings are within article 24 of the Judgments Regulation; or

(v) the defendant is a party to an agreement conferring jurisdiction within article 25 of the Judgments Regulation.]

[F5 (2A) Paragraph (2)(a) does not apply if the jurisdiction conferred by the agreement referred to in paragraph (2)(b)(v) is exclusive.]

(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 the 1982 Act or [F6 the Lugano Convention or] the Judgments Regulation, 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

F1 Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1

F2 Rule 6.33(1) substituted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), regs. 1(1), 30 (with reg. 48)

F3 Words in rule 6.33(2)(a) inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 4(3)(a)(i) (with rule 6)

F4 Rule 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)

F5 Rule 6.33(2A) inserted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 4(3)(b) (with rule 6)

F6 Words in rule 6.33(3) inserted (1.1.2010) by The Civil Jurisdiction and Judgments Regulations 2009 (S.I. 2009/3131), regs. 1(1), 31 (with reg. 48)