The Civil Procedure Rules 1998

[F1Service out of the jurisdiction where the permission of the court is requiredE+W

6.20  In any proceedings to which rule 6.19 does not apply, a claim form may be served out of the jurisdiction with the permission of the court if—

(1) a claim is made for a remedy against a person domiciled within the jurisdiction;

General grounds

(2) a claim is made for an injunction(gl) ordering the defendant to do or refrain from doing an act within the jurisdiction;

(3) a claim is made against someone on whom the claim form has been or will be served and—

(a)there is between the claimant and that person a real issue which it is reasonable for the court to try; and

(b)the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim;

[F2(3A) a claim is a Part 20 claim and the person to be served is a necessary or proper party to the claim against the Part 20 claimant;]

Claims for interim remedies

(4) a claim is made for an interim remedy under section 25(1) of the 1982 Act;

Claims in relation to contracts

(5) a claim is made in respect of a contract where the contract—

(a)was made within the jurisdiction;

(b)was made by or through an agent trading or residing within the jurisdiction;

(c)is governed by English law; or

(d)contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract;

(6) a claim is made in respect of a breach of contract committed within the jurisdiction;

(7) a claim is made for a declaration that no contract exists where, if the contract was found to exist, it would comply with the conditions set out in paragraph (5);

Claims in tort

(8) a claim is made in tort where—

(a)damage was sustained within the jurisdiction; or

(b)the damage sustained resulted from an act committed within the jurisdiction;

Enforcement

(9) a claim is made to enforce any judgment or arbitral award;

Claims about property within the jurisdiction

(10) the whole subject matter of a claim relates to property located within the jurisdiction;

Claims about trusts etc.

(11) a claim is made for any remedy which might be obtained in proceedings to execute the trusts of a written instrument where—

(a)the trusts ought to be executed according to English law; and

(b)the person on whom the claim form is to be served is a trustee of the trusts;

(12) a claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction;

(13) a claim is made in probate proceedings which includes a claim for the rectification of a will;

(14) a claim is made for a remedy against the defendant as constructive trustee where the defendant’s alleged liability arises out of acts committed within the jurisdiction;

(15) a claim is made for restitution where the defendant’s alleged liability arises out of acts committed within the jurisdiction;

(Probate proceedings are defined in the Contentious Probate Proceedings practice direction supplementing Part 49)

Claims by the Inland Revenue

(16) a claim is made by the Commissioners of the Inland Revenue relating to duties or taxes against a defendant not domiciled in Scotland or Northern Ireland;

Claim for costs order in favour of or against third parties

(17) a claim is made by a party to proceedings for an order that the court exercise its power under section 51 of the Supreme Court Act 1981 to make a costs order in favour of or against a person who is not a party to those proceedings;

(Rule 48.2 sets out the procedure where the court is considering whether to exercise its discretion to make a costs order in favour of or against a non-party)

Claims under various enactments

(18) a claim [F3is] made under an enactment specified in the relevant practice direction.]

Textual Amendments