The Civil Procedure Rules 1998

[F1Service out of the jurisdiction where the permission of the court is not requiredE+W

6.19—(1) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the 1982 Act and—

(a)no proceedings between the parties concerning the same claim are pending in the courts of [F2any 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)Article 16 of Schedule 1, 3C or 4 to the 1982 Act refers to the proceedings; or

(iii)the defendant is a party to an agreement conferring jurisidiction to which Article 17 of Schedule 1, 3C or 4 to the 1982 Act refers.

[F3(1A) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which the court has power to determine under the Judgments Regulation 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 Regulation State; and

(b)(i)the defendant is domiciled in the United Kingdom or in any Regulation State;

(ii)Article 22 of the Judgments Regulation refers to the proceedings; or

(iii)the defendant is a party to an agreement conferring jurisdiction to which Article 23 of the Judgments Regulation refers.]

(2) A claim form may be served on a defendant out of the jurisdiction where each claim included in the claim form made against the defendant to be served is a claim which, under any other enactment, the court has power to determine, although—

(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.

(3) Where a claim form is to be served out of the jurisdiction under this rule, it must contain a statement of the grounds on which the claimant is entitled to serve it out of the jurisdiction.]

Textual Amendments