[F1 PART 6 E+WSERVICE OF DOCUMENTS

Textual Amendments

F1 Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1

Modifications etc. (not altering text)

C1 Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)

C2 Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122

C3 Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263

C4 Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262

C5 Pt. 6 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 234-238 (with rule 5)

C6 Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 168 (with rules 3, 208)

C7 Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 171 (with rules 3, 208)

C8 Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 172 (with rules 3, 210)

C9 Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 170(1) (with rules 3, 210)

C10 Pt. 6 applied (with modifications) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1 (with rule 3(3), Sch. 2)

C11 Pt. 6 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rule 1, Sch. 2 para. 1 (with rule 1.2)

C12 Pt. 6 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 170(5) (with rules 4(1), 156)

C13 Pt. 6 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 196-200 (with rule 5)

C14 Pt. 6 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 158 (with rule 2)

IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION E+W

Service of the claim form where the permission of the court is not required - out of the United Kingdom E+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 [F3 under 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 [F8 section 15B(1) of the 1982 Act]; [F9 or]

(iii) the defendant is an employer and a party to a contract of employment within [F10 section 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; F15 ...

(b) a contract contains a term to the effect that the court shall have jurisdiction to determine that claim [F16 ; or

(c) the claim is in respect of a contract falling within sub-paragraph (b).]]

(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 F17 ... [F18 the 2005 Hague Convention F17 ...] 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

F2 Rule 6.33(1) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in rule 6.33(2) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(i) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in rule 6.33(2)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(ii)(aa) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in rule 6.33(2)(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(ii)(bb) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Rule 6.33(2)(b) substituted (10.1.2015) by The Civil Procedure (Amendment No. 7) Rules 2014 (S.I. 2014/2948), rules 2, 4(3)(a)(ii) (with rule 6)

F7 Rule 6.33(2)(b)(i) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(aa) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in rule 6.33(2)(b)(ii) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(bb) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in rule 6.33(2)(b)(ii) inserted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(cc) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in rule 6.33(2)(b)(iii) substituted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(dd) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F11 Rule 6.33(2)(b)(iv) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(ee) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Rule 6.33(2)(b)(v) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(b)(iii)(ee) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Rule 6.33(2A) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(c) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Rule 6.33(2B) substituted (6.4.2021) by The Civil Procedure (Amendment) Rules 2021 (S.I. 2021/117), rules 1(1), 6

F15 Word in rule 6.33(2B)(a) omitted (1.10.2022) by virtue of The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(4)(a)

F16 Rule 6.33(2B)(c) and word substituted for full stop (1.10.2022) by The Civil Procedure (Amendment No. 2) Rules 2022 (S.I. 2022/783), rules 1(1), 7(4)(b)

F17 Words in rule 6.33(3) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(16)(d) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in rule 6.33(3) substituted (1.10.2015) by The Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) Regulations 2015 (S.I. 2015/1644), reg. 1(1), Sch. para. 2(3)