C1C2PART 6SERVICE OF DOCUMENTS
Pt. 6 excluded (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.11(1)
F1III SPECIAL PROVISIONS ABOUT SERVICE OUT OF THE JURISDICTION
Pt. 6 Section 3 inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 4(5), Sch. 1 Pt. 2
Service out of the jurisdiction where the permission of the court is not required6.19
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.
F31A
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.
Pt. 6 applied (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.10