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Jurisdiction Under English National Rules Notes

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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


CPR Rule 6.3+6.5

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

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

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


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

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]

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.

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


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


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



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

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

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

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



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)




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


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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