The Civil Procedure Rules 1998

[F1DefinitionsE+W

6.18  For the purposes of this Part—

(a)“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982(1);

(b)“the Hague Convention” means the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters signed at the Hague on November 15, 1965;

(c)“Contracting State” has the meaning given by section 1(3) of the 1982 Act;

(d)“Convention territory” means the territory or territories of any Contracting State to which the Brussels or Lugano Conventions (as defined in section 1(1) of the 1982 Act) apply;

(e)“Civil Procedure Convention” means the Brussels and Lugano Conventions and any other Convention entered into by the United Kingdom regarding service outside the jurisdiction;

[F2(ea)“the Service Regulation” means Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters;]

(f)“United Kingdom Overseas Territory” means those territories as set out in the relevant practice direction.

[F3(g)“domicile” is to be determined—

(i)in relation to a Convention territory, in accordance with sections 41 to 46 of the 1982 Act;

(ii)in relation to a Regulation State, in accordance with the Judgments Regulation and paragraphs 9 to 12 of Schedule 1 to the Civil Jurisdiction and Judgments Order 2001;]

(h)“claim form” includes peitition and application notice; F4...

(i)“claim” includes petition and application.

[F5(j)“the Judgments Regulation” means Council Regulation (EC) No. 44/2001 of 22nd December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters; and

(k)“Regulation State” in any provision, in the application of that provision in relation to the Regulation, has the same meaning as “Member State” in the Judgments Regulation, that is all Member States except Denmark.]

(Rule 6.30 provides that where an application notice is to be served out of the jurisdiction under this Part, rules 6.21(4), 6.22 and 6.23 do not apply)]

Textual Amendments