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The Civil Procedure Rules 1998

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There are currently no known outstanding effects for the The Civil Procedure Rules 1998, Cross Heading: IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION. Help about Changes to Legislation

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[F1IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTIONE+W

Textual Amendments

Scope of this SectionE+W

6.30.  This Section contains rules about—

(a)service of the claim form and other documents out of the jurisdiction;

(b)when the permission of the court is required and how to obtain that permission; and

(c)the procedure for service.

(“Jurisdiction” is defined in rule 2.3(1).)

InterpretationE+W

6.31.  For the purposes of this Section—

(a)“the Hague Convention” means the Convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters signed at the Hague on 15 November 1965;

(b)“the 1982 Act” means the Civil Jurisdiction and Judgments Act 1982;

(c)“Civil Procedure Convention” means [F2any] Convention (including the Hague Convention) entered into by the United Kingdom regarding service out of the jurisdiction;

F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 ...

F4(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)“Commonwealth State” means a state listed in Schedule 3 to the British Nationality Act 1981;

F5(g). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6(k)“the 2005 Hague Convention” means the Convention on Choice of Court Agreements concluded on 30th June 2005 at the Hague.]

Textual Amendments

Service of the claim form where the permission of the court is not required - Scotland and Northern IrelandE+W

6.32.—(1) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland 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 under the 1982 Act and—

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

(b)(i)the defendant is domiciled in the United Kingdom;

(ii)the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or

(iii)the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.

(2) The claimant may serve the claim form on a defendant in Scotland or Northern Ireland 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 under any enactment other than the 1982 Act 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.

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

6.33.—F7(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 [F8under sections 15A to 15E of the 1982 Act] and—

(a)F9... no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom F10...; and

[F11(b)F12(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)the defendant is not a consumer, but is a party to a consumer contract within [F13section 15B(1) of the 1982 Act]; [F14or]

(iii)the defendant is an employer and a party to a contract of employment within [F15section 15C(1) of the 1982 Act];

F16(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F18(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(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; F20...

(b)a contract contains a term to the effect that the court shall have jurisdiction to determine that claim [F21; 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 F22... [F23 the 2005 Hague Convention F22...] 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

F20Word 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)

F21Rule 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)

Notice of statement of grounds where the permission of the court is not required for serviceE+W

6.34.—(1) Where the claimant intends to serve a claim form on a defendant under rule 6.32 or 6.33, the claimant must—

(a)file with the claim form a notice containing a statement of the grounds on which the claimant is entitled to serve the claim form out of the jurisdiction; and

(b)serve a copy of that notice with the claim form.

(2) Where the claimant fails to file with the claim form a copy of the notice referred to in paragraph (1)(a), the claim form may only be served—

(a)once the claimant files the notice; or

(b)if the court gives permission.

Period for responding to the claim form where permission was not required for serviceE+W

6.35.—(1) This rule sets out the period for—

(a)filing an acknowledgment of service;

(b)filing an admission; or

(c)filing a defence,

where a claim form has been served out of the jurisdiction under rule 6.32 or 6.33.

(Part 10 contains rules about acknowledgments of service, Part 14 contains rules about admissions and Part 15 contains rules about defences.)

Service of the claim form on a defendant in Scotland or Northern Ireland

(2) Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period—

(a)for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim; or

(b)for filing a defence is—

(i)21 days after service of the particulars of claim; or

(ii)where the defendant files an acknowledgment of service, 35 days after service of the particulars of claim.

(Part 7 provides that particulars of claim must be contained in or served with the claim form or served separately on the defendant within 14 days after service of the claim form.)

F24(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service on a defendant elsewhere

(5) Where the claimant serves the claim form under rule 6.33 F26..., the period for responding to the claim form is set out in [F27Practice Direction 6B].

Textual Amendments

Service of the claim form where the permission of the court is requiredE+W

6.36.  In any proceedings to which rule 6.32 or 6.33 does not apply, the claimant may serve a claim form out of the jurisdiction with the permission of the court if any of the grounds set out in paragraph 3.1 of [F28Practice Direction 6B] apply.

Textual Amendments

Application for permission to serve the claim form out of the jurisdictionE+W

6.37.—(1) An application for permission under rule 6.36 must set out—

(a)which ground in paragraph 3.1 of [F29Practice Direction 6B] is relied on;

(b)that the claimant believes that the claim has a reasonable prospect of success; and

(c)the defendant’s address or, if not known, in what place the defendant is, or is likely, to be found.

(2) Where the application is made in respect of a claim referred to in paragraph 3.1(3) of [F30Practice Direction 6B], the application must also state the grounds on which the claimant believes that there is between the claimant and the defendant a real issue which it is reasonable for the court to try.

(3) The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.

(4) In particular, where—

(a)the application is for permission to serve a claim form in Scotland or Northern Ireland; and

(b)it appears to the court that the claimant may also be entitled to a remedy in Scotland or Northern Ireland, the court, in deciding whether to give permission, will—

(i)compare the cost and convenience of proceeding there or in the jurisdiction; and

(ii)(where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the [F31County Court] or courts of summary jurisdiction in Northern Ireland.

(5) Where the court gives permission to serve a claim form out of the jurisdiction—

(a)it will specify the periods within which the defendant may—

(i)file an acknowledgment of service;

(ii)file or serve an admission;

(iii)file a defence; or

(iv)file any other response or document required by a rule in another Part, any other enactment or a practice direction; and

(b)it [F32may give directions about the method of service].

(The periods referred to in paragraphs (5)(a)(i), (ii) and (iii) are those specified in the Table in [F33Practice Direction 6B].)

Textual Amendments

[F34Service of documents other than the claim form - permissionE+W

6.38.  Any application notice issued or order made in any proceedings, or other document which is required to be served in the proceedings, may be served on a defendant out of the jurisdiction without permission where—

(a)the claim form has been served on the defendant out of the jurisdiction with permission; or

(b)permission is or was not required to serve the claim form (whether within or out of the jurisdiction).]

Textual Amendments

Service of application notice on a non-party to the proceedingsE+W

6.39.—(1) Where an application notice is to be served out of the jurisdiction on a person who is not a party to the proceedings rules 6.35 and 6.37(5)(a)(i), (ii) and (iii) do not apply.

(2) Where an application is served out of the jurisdiction on a person who is not a party to the proceedings, that person may make an application to the court under Part 11 as if that person were a defendant, but rule 11(2) does not apply.

(Part 11 contains provisions about disputing the court’s jurisdiction.)

Methods of service - general provisionsE+W

6.40.—(1) This rule contains general provisions about the method of service of a claim form or other document on a party out of the jurisdiction.

Where service is to be effected on a party in Scotland or Northern Ireland

(2) Where a party serves [F35a claim form or other document] on a party in Scotland or Northern Ireland, it must be served by a method permitted by Section II (and references to “jurisdiction” in that Section are modified accordingly) or Section III of this Part and rule 6.23(4) applies.

Where service is to be effected on a [F36party] out of the United Kingdom

(3) Where [F37a party] wishes to serve a claim form or F38... other document on a [F36party] out of the United Kingdom, it may be served—

(a)by any method provided for by—

F39(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)rule 6.42 (service through foreign governments, judicial authorities and British Consular authorities); or

(iii)rule 6.44 (service of claim form or other document on a State);

(b)by any method permitted by a Civil Procedure Convention [F40or Treaty]; or

(c)by any other method permitted by the law of the country in which it is to be served.

(4) Nothing in paragraph (3) or in any court order authorises or requires any person to do anything which is contrary to the law of the country where the claim form or other document is to be served.

[F41(The texts of the Civil Procedure Treaties which the United Kingdom has entered into may be found on the Foreign and Commonwealth Office website at http://www.fco.gov.uk/en/publications-and-documents/treaties/lists-treaties/bilateral-civil-procedure.)]

Textual Amendments

Service in accordance with the Service RegulationE+W

F426.41.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Service through foreign governments, judicial authorities and British Consular authoritiesE+W

6.42.—(1) Where [F43a party] wishes to serve a claim form or any other document F44... in any country which is a party to a Civil Procedure Convention [F45or Treaty] providing for service in that country, it may be served—

(a)through the authority designated under the Hague Convention [F46or any other Civil Procedure Convention or Treaty] (where relevant) in respect of that country; or

(b)if the law of that country permits—

(i)through the judicial authorities of that country, or

(ii)through a British Consular authority in that country (subject to any provisions of the applicable convention about the nationality of persons who may be served by such a method).

(2) Where [F47a party] wishes to serve a claim form or any other document F48... in any country with respect to which there is no Civil Procedure Convention [F49or Treaty] providing for service in that country, the claim form or other document may be served, if the law of that country so permits—

(a)through the government of that country, where that government is willing to serve it; or

(b)through a British Consular authority in that country.

(3) Where [F50a party] wishes to serve the claim form or other document in—

(a)any Commonwealth State which is not a party to the Hague Convention [F51or is such a party but HM Government has not declared acceptance of its accession to the Convention];

(b)the Isle of Man or the Channel Islands; or

(c)any British overseas territory,

the methods of service permitted by paragraphs (1)(b) and (2) are not available and [F52the party] or the [F53party’s] agent must effect service direct, unless [F54Practice Direction 6B] provides otherwise.

(A list of British overseas territories is reproduced in paragraph 5.2 of [F55Practice Direction 6B].)

Textual Amendments

Procedure where service is to be through foreign governments, judicial authorities and British Consular authoritiesE+W

6.43.—(1) This rule applies where [F56a party] wishes to serve a claim form or any other document under rule 6.42(1) or 6.42(2).

(2) Where this rule applies, [F57that party] must file—

(a)a request for service of the claim form or other document specifying one or more of the methods in rule 6.42(1) or 6.42(2);

(b)a copy of the claim form or other document;

(c)any other documents or copies of documents required by [F58Practice Direction 6B]; and

(d)any translation required under rule 6.45.

(3) Where [F59a party] files the documents specified in paragraph (2), the court officer will—

(a)seal (GL) the copy of the claim form or other document; and

(b)forward the documents to the Senior Master.

(4) The Senior Master will send documents forwarded under this rule—

(a)where the claim form or other document is being served through the authority designated under the Hague Convention [F60or any other Civil Procedure Convention or Treaty], to that authority; or

(b)in any other case, to [F61the Foreign, Commonwealth and Development Office] with a request that it arranges for the claim form or other document to be served.

(5) An official certificate which—

(a)states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

(b)states, where more than one method is requested under paragraph (2)(a), which method was used; and

(c)is made by—

(i)a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

(ii)the government or judicial authorities in that country; or

(iii)the authority designated in respect of that country under the Hague Convention [F62a Civil Procedure Convention or Treaty],

is evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate, unless it is proved not to be.

Textual Amendments

Service of claim form or other document on a StateE+W

6.44.—(1) This rule applies where a [F63party] wishes to serve the claim form or other document on a State.

(2) In this rule, “State” has the meaning given by section 14 of the State Immunity Act 1978.

(3) The [F64party] must file in the Central Office of the Royal Courts of Justice—

(a)a request for service to be arranged by [F65the Foreign, Commonwealth and Development Office];

(b)a copy of the claim form or other document; and

(c)any translation required under rule 6.45.

(4) The Senior Master will send the documents filed under this rule to [F66the Foreign, Commonwealth and Development Office] with a request that it arranges for them to be served.

(5) An official certificate by [F67the Foreign, Commonwealth and Development Office] stating that a claim form [F68or other document] has been duly served on a specified date in accordance with a request made under this rule is evidence of that fact.

(6) A document purporting to be such a certificate is to be treated as such a certificate, unless it is proved not to be.

(7) Where—

(a)section 12(6) of the State Immunity Act 1978 applies; and

(b)the State has agreed to a method of service other than through [F69the Foreign, Commonwealth and Development Office],

the claim form or other document may be served either by the method agreed or in accordance with this rule.

(Section 12(6) of the State Immunity Act 1978 provides that section 12(1) enables the service of a claim form or other document in a manner to which the State has agreed.)

Textual Amendments

Translation of claim form or other documentE+W

6.45.—(1) Except where paragraph (4) or (5) applies, every copy of the claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or 6.44 (service of claim form or other document on a State) must be accompanied by a translation of the claim form or other document.

(2) The translation must be—

(a)in the official language of the country in which it is to be served; or

(b)if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the claim form or other document is to be served.

(3) Every translation filed under this rule must be accompanied by a statement by the person making it that it is a correct translation, and the statement must include that person’s name, address and qualifications for making the translation.

(4) [F70A party] is not required to file a translation of a claim form or other document filed under rule 6.43 (service through foreign governments, judicial authorities etc.) where the claim form or other document is to be served—

(a)in a country of which English is an official language; or

(b)on a British citizen (within the meaning of the British Nationality Act 1981),

unless a Civil Procedure Convention [F71or Treaty] requires a translation.

(5) [F72A party] is not required to file a translation of a claim form or other document filed under rule 6.44 (service of claim form or other document on a State) where English is an official language of the State in which the claim form or other document is to be served.

F73...

Textual Amendments

Undertaking to be responsible for expensesE+W

6.46.  Every request for service filed under rule 6.43 (service through foreign governments, judicial authorities etc.) or rule 6.44 (service of claim form or other document on a State) must contain an undertaking by the person making the request—

(a)to be responsible for all expenses incurred by [F74the Foreign, Commonwealth and Development Office] or foreign judicial authority; and

(b)to pay those expenses to [F75the Foreign, Commonwealth and Development Office] or foreign judicial authority on being informed of the amount.

Textual Amendments

Proof of service before obtaining judgmentE+W

6.47.  Where—

(a)a hearing is fixed when the claim form is issued;

(b)the claim form is served on a defendant out of the jurisdiction; and

(c)that defendant does not appear at the hearing,

the claimant may not obtain judgment against the defendant until the claimant files written evidence that the claim form has been duly served in accordance with this Part.]

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