The Civil Procedure Rules 1998

[F1Service of the claim form where the permission of the court is not required - out of the United KingdomE+W

6.33.—F2(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine [F3under sections 15A to 15E of the 1982 Act] and—

(a)F4... no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom F5...; and

[F6(b)F7(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the defendant is not a consumer, but is a party to a consumer contract within [F8section 15B(1) of the 1982 Act]; [F9or]

(iii)the defendant is an employer and a party to a contract of employment within [F10section 15C(1) of the 1982 Act];

F11(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F13(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(2B) The claimant may serve the claim form on a defendant outside the United Kingdom where, for each claim made against the defendant to be served and included in the claim form—

(a)the court has power to determine that claim under the 2005 Hague Convention and the defendant is a party to an exclusive choice of court agreement conferring jurisdiction on that court within the meaning of Article 3 of the 2005 Hague Convention; or

(b)a contract contains a term to the effect that the court shall have jurisdiction to determine that claim.]

(3) The claimant may serve the claim form on a defendant out of the United Kingdom where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine other than under F15... [F16 the 2005 Hague Convention F15...] notwithstanding that—

(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.]

Textual Amendments