Modifications etc. (not altering text)
C1Pt. 6 applied (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.10
C2Pt. 6 excluded (7.10.2001) by The Railway Administration Order Rules 2001 (S.I. 2001/3352), rules 1.1, 9.11(1)
Textual Amendments
F1Pt. 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
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 [F2(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;
[F3(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;
F4...
[F5Claims by HM Revenue and Customs]
(16) a claim is made by the [F6Commissioners 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)
[F7Admiralty 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 [F8is] made under an enactment specified in the relevant practice direction.]
Textual Amendments
F2Words in rule 6.20(3) inserted (1.10.2004) by The Civil Procedure (Amendment No.2) Rules 2004 (S.I. 2004/2072), rules 1(b), 8
F3Rule 6.20(3A) inserted (3.7.2000) by The Civil Procedure (Amendment No. 3) Rules 2000 (S.I. 2000/1317), rules 1, 3 (with rule 39)
F4Words in rule 6.20 omitted (25.3.2002) by virtue of The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 7(a)
F5Rule 6.20(16) heading substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 15(a)
F6Words in rule 6.20(16) substituted (1.10.2005) by The Civil Procedure (Amendment No.3) Rules 2005 (S.I. 2005/2292), rules 1(c), 15(b)
F7Rule 6.20(17A) inserted (25.3.2002) by The Civil Procedure (Amendment No. 5) Rules 2001 (S.I. 2001/4015), rules 1(c), 7(b)
F8Word in rule 6.20(18) inserted (31.5.2001) by The Civil Procedure (Amendment No. 2) Rules 2001 (S.I. 2001/1388), rules 1(c), 4