C1C2C4C3C5C6C7C9C8C10C11C12C13C14F1PART 6SERVICE OF DOCUMENTS

Annotations:
Amendments (Textual)
Modifications etc. (not altering text)

II SERVICE OF THE CLAIM FORM IN THE JURISDICTION F2...

Annotations:
Amendments (Textual)

Service of the claim form relating to a contract on an agent of a principal who is out of the jurisdiction6.12

1

The court may, on application, permit a claim form relating to a contract to be served on the defendant’s agent where —

a

the defendant is out of the jurisdiction;

b

the contract to which the claim relates was entered into within the jurisdiction with or through the defendant’s agent; and

c

at the time of the application either the agent’s authority has not been terminated or the agent is still in business relations with the defendant.

2

An application under this rule—

a

must be supported by evidence setting out—

i

details of the contract and that it was entered into within the jurisdiction or through an agent who is within the jurisdiction;

ii

that the principal for whom the agent is acting was, at the time the contract was entered into and is at the time of the application, out of the jurisdiction; and

iii

why service out of the jurisdiction cannot be effected; and

b

may be made without notice.

3

An order under this rule must state the period within which the defendant must respond to the particulars of claim.

4

Where the court makes an order under this rule—

a

a copy of the application notice and the order must be served with the claim form on the agent; and

b

unless the court orders otherwise, the claimant must send to the defendant a copy of the application notice, the order and the claim form.

5

This rule does not exclude the court’s power under rule 6.15 (service by an alternative method or at an alternative place).