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Jurisdiction Under English National Rules Notes

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JURISDICTION UNDER ENGLISH NATIONAL RULES

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1. Under traditional rules, English courts have jurisdiction in three situations: 1) Service in the jurisdiction
- If D is present in England when a claim form is served upon him 2) Submission
- If D submits to English courts' jurisdiction 3) Service out of the jurisdiction
- If claim falls within Practice Direction 6B of Civil Procedure Rules
- If court then decides England is appropriate forum, can give permission under CPR Rule 6.36 to serve claim form out of jurisdiction

SERVICE IN THE JURISDICTION

CPR Rule 6.3+6.5

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Service can be effected either by: i) First Class Post ii) Leaving it with D himself CPR Rule 6.8

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For postal service, any individual/company may be served at an address given by them for purpose of service.

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Is only where no address is given that special rules of CPR 6.9/CA 2006 come into play. Individuals

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Where D not domiciled in a Member State, courts have jurisdiction if claim form is served on him in England.

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Claim form can be served even if D only in England temporarily.
? i.e. jurisdiction on basis of D's presence very wide.
? Maharanee of Baroda v Wildenstein [1972]

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However if C fraudulently induces D to come to England simply to be able to serve him, may be struck out as abuse of process.

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CPR 6.9: if individual leaves no address for purposes of CPR 6.8, individual may be served at usual or last known residence. Companies

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If no address for service is given under CPR 6.8, non-EU companies with a place of business in England may be served under either: i) Companies Act 2006; or ii) CPR Rule 6.9 i) Companies Act 2006

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Section 1046: overseas companies that "open a UK establishment" are required to register particulars with Registrar of Companies.

? such companies must give address of every person in UK authorised to accept service on behalf of company

Companies

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Section 1139: where overseas company's particulars are registered under CA 2006, document may be served upon it by: i) leaving it or sending it by post to registered address of anyone resident in UK authorised to accept service on behalf of company; or ii) leaving it or sending it by post to any place of business of company in UK

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Rules in Companies Act do not exclude the relevant provisions of CPR.
? i.e. they are simply an alternative
? Saab v Saudi American Bank [1999]
Individuals Within Companies Overseas Companies Regulations 2009 Section 75

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Service may be effected upon an overseas company with registered particulars in UK by sending document to: i) Directors ii) Secretaries; and iii) Permanent representatives

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This done by sending document to relevant person's registered address.
? either in or outside of UK. ii) CPR Rule 6.9

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If company is not registered in England (and no address given), documents may be served at any place of business of company within England which has a real connection with the claim. Advantage over CA 2006:
? Lesser degree of formality required to show "place of business"
? i.e. no need for "establishment"

"Place of Business" (for purposes of both CA 2006 + CPR 6.9)

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No need for dispute to be connected with D's activities in England. Service upon place of business of D's agent does not suffice
? Rakusens Ltd [2001]
Depending on type of business, even a home address may constitute 'place of business'
? Cleveland Museum of Art v Capricorn Art International [1990]
o Art Dealer's house was place of business

Length of Activities

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No need for D's business activities in England to be prolonged.
? e.g. one-week stall at a trade fair suffices

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