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 required6.20
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 F6(otherwise than in reliance on this paragraph) 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;
F23A
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;
F4...
F7Claims by HM Revenue and Customs
16
a claim is made by the F8Commissioners for HM Revenue and Customs 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)
F5Admiralty claims
17A
a claim is—
a
in the nature of salvage and any part of the services took place within the jurisdiction; or
b
to enforce a claim under section 153, 154 or 175 of the Merchant Shipping Act 1995.
Claims under various enactments
18
a claim F3is made under an enactment specified in the relevant practice direction.
Pt. 6 applied (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.10