C1C2PART 6SERVICE OF DOCUMENTS

Annotations:

F1III SPECIAL PROVISIONS ABOUT SERVICE OUT OF THE JURISDICTION

Annotations:

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.