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Cpr Summaries Brussels Regulations Notes

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CPR Summaries CDR CPR Reading Summary CPR Part Part 6.30

Part 6.32

Part 6.33

Title

Notes

Service of Claim for and other documents out of the jurisdiction

'jurisdiction' means, unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales; (CPR 2.3(1) Domiciled in the United Kingdom

Service of the claim form where the permission of the court is not required - Scotland and Northern Ireland Service of the claim form where the permission of the court is not required - out of the United Kingdom

Defendant under CJJA 1982 or Lugano Convention and no other proceedings are pending in other courts. ' Lugano Convention' civil and commercial matters, between: the European Community and the Republic of Iceland, the Kingdom of Norway, the Swiss Confederation and the Kingdom of Denmark and signed by the European Community on 30th October

2007. Part 6.34

Notice of statement of grounds where the permission of the court is not required for service

claim form must contain a statement of the grounds by quoting the Regulation on which the claimant is entitled to serve the claim form out of the jurisdiction; and serve a copy of notice with the claim form.

Part 6.35

Period for responding to the claim form where permission was not required for service

Service of the claim form on a defendant in Scotland or Northern Ireland (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. Service of the claim form on a defendant in a Convention territory within Europe or a Member

Note: 6 months timelimit for service instead of usual 4 months

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State (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. Service of the claim form on a defendant in a Convention territory outside Europe (a) for filing an acknowledgment of service or admission, is 31 days after service of the particulars of claim; or (b) for filing a defence is - (i) 31 days after service of the particulars of claim; or (ii) where the defendant files an acknowledgment of service, 45 days after service of the particulars of claim. Service on a defendant elsewhere with the permission of the court if any of the grounds set out in paragraph 3.1 of Practice Direction 6B apply Part 6.36

Service of the claim form where the permission of the court is required

Part 6.37

Application for permission to serve the claim form out of the jurisdiction

PD 6B

3.1 Service out of the jurisdiction where permission is required

Must set out: (1)(a) ground in paragraph 3.1 of Practice Direction 6B is relied on; (1)(b) that the claimant believes that the claim has a reasonable prospect of success; and (1)(c) the defendant's address or, if not known, in what place the defendant is, or is likely, to be found. General Grounds (1) A claim is made for a remedy against a person domiciled within the jurisdiction. (2) A claim is made for an injunction(GL) ordering the defendant to do or refrain from doing an act within the jurisdiction. (3) A claim is made against a person ('the defendant') on whom the claim form has been or will be served (otherwise than in reliance on this paragraph) and - (a) there is between the claimant and the defendant a real issue which it is reasonable for the court to try; and (b) the claimant wishes to serve the claim form on another person who is a necessary or proper party to that claim. (4) A claim is an additional claim under Part 20 and the person to be served is a necessary or proper party to the claim or additional claim. Claims for interim remedies (5) A claim is made for an interim remedy under section 25(1) of the Civil Jurisdiction and Judgments Act 1982. 2 | Page

Claims in relation to contracts (6) A claim is made in respect of a contract where the contract - (a) was made within the jurisdiction; (b) was made by or through an agent trading or residing within the jurisdiction; (c) is governed by English law; or (d) contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract. (7) A claim is made in respect of a breach of contract committed within the jurisdiction. (8) A claim is made for a declaration that no contract exists where, if the contract was found to exist, it would comply with the conditions set out in paragraph (6). Claims in tort (9) A claim is made in tort where (a) damage was sustained within the jurisdiction; or (b) the damage sustained resulted from an act committed within the jurisdiction. Enforcement (10) A claim is made to enforce any judgment or arbitral award. Claims about property within the jurisdiction (11) The whole subject matter of a claim relates to property located within the jurisdiction. Claims about trusts etc. (12) A claim is made for any remedy which might be obtained in proceedings to execute the trusts of a written instrument where - (a) the trusts ought to be executed according to English law; and (b) the person on whom the claim form is to be served is a trustee of the trusts. (13) A claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction. (14) A probate claim or a claim for the rectification of a will. (15) A claim is made for a remedy against the defendant as constructive trustee where the defendant's alleged liability arises out of acts committed within the jurisdiction. (16) A claim is made for restitution where the defendant's alleged liability arises out of acts committed within the jurisdiction. Claims by HM Revenue and Customs (17) A claim is made by the Commissioners for H.M. Revenue and Customs relating to duties or taxes against a defendant not domiciled in Scotland or Northern Ireland. Claim for costs order in favour of or against third parties (18) A claim is made by a party to proceedings for an order that the court exercise its power under section 51 of the Senior Courts Act 1981 to make 3 | Page

a costs order in favour of or against a person who is not a party to those proceedings. (Rule 46.2 sets out the procedure where the court is considering whether to exercise its discretion to make a costs order in favour of or against a nonparty.) Admiralty claims (19) A claim is - (a) in the nature of salvage and any part of the services took place within the jurisdiction; or (b) to enforce a claim under section 153, 154,175 or 176A of the Merchant Shipping Act 1995. Claims under various enactments (20) A claim is made - (a) under an enactment which allows proceedings to be brought and those proceedings are not covered by any of the other grounds referred to in this paragraph; or (b) under the Directive of the Council of the European Communities dated 15 March 1976 No. 76/308/EEC, where service is to be effected in a Member State of the European Union. PD 6B

6.2 Period for responding to a claim form

Where the court grants permission to serve a claim form out of the jurisdiction the court will determine in accordance with paragraph 6.3, 6.4 or 6.5 the periods within which the defendant must - (1) file an acknowledgment of service; (2) file or serve an admission; or (3) file a defence.

PD 6B

6.3 Period for responding to a claim form

the number of days listed in the Table after service of the particulars of claim.

PD 6B

6.4 Period for responding to a claim form

The period for filing a defence under Part 15 is - (1) the number of days listed in the Table after service of the particulars of claim; or (2) where the defendant has filed an acknowledgment of service, the number of days listed in the Table plus an additional 14 days after the service of the particulars of claim.

PD 6B

6.5 Period for responding to a claim form

PD 6B

6.6 Period for responding to a claim form

Under the State Immunity Act 1978, where a State is served, the period permitted under paragraphs 6.3 and 6.4 for filing an acknowledgment of service or defence or for filing or serving an admission does not begin to run until 2 months after the date on which the State is served. Where particulars of claim are served out of the jurisdiction any statement as to the period for responding to the claim contained in any of the forms required by rule 7.8 to accompany the particulars of claim must specify the period prescribed under rule 6.35 or by the order permitting service out of the jurisdiction under rule 6.37(5) (1) A defendant who wishes to - (a) dispute the court's jurisdiction to try the claim; or (b) argue that the court should not exercise its jurisdiction may apply to the

Part 11.1

Procedure for disputing the

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court's jurisdiction

court for an order declaring that it has no such jurisdiction or should not exercise any jurisdiction which it may have.

Part 11.2

Procedure for disputing the court's jurisdiction

(2) A defendant who wishes to make such an application must first file an acknowledgment of service in accordance with Part 10.

Part 11.3

Procedure for disputing the court's jurisdiction

(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court's jurisdiction.

Part 11.4

Procedure for disputing the court's jurisdiction

(4) An application under this rule must - (a) be made within 14 days after filing an acknowledgment of service; and (b) be supported by evidence.

Part 11.5

Procedure for disputing the court's jurisdiction

(5) If the defendant - (a) files an acknowledgment of service; and (b) does not make such an application within the period specified in paragraph (4), he is to be treated as having accepted that the court has jurisdiction to try the claim.

Part 11.6

Procedure for disputing the court's jurisdiction

(6) An order containing a declaration that the court has no jurisdiction or will not exercise its jurisdiction may also make further provision including - (a) setting aside the claim form; (b) setting aside service of the claim form; (c) discharging any order made before the claim was commenced or before the claim form was served; and (d) staying(GL) the proceedings.

Part 11.7

Procedure for disputing the court's jurisdiction

(7) If on an application under this rule the court does not make a declaration - (a) the acknowledgment of service shall cease to have effect; (b) the defendant may file a further acknowledgment of service within 14 days or such other period as the court may direct; and (c) the court shall give directions as to the filing and service of the defence in a claim under Part 7 or the filing of evidence in a claim under Part 8 in the event that a further acknowledgment of service is filed.

Part 11.8

Procedure for disputing the court's jurisdiction

Part 11.9

Procedure for disputing the court's jurisdiction

(8) If the defendant files a further acknowledgment of service in accordance with paragraph (7)(b) he shall be treated as having accepted that the court has jurisdiction to try the claim. (9) If a defendant makes an application under this rule, he must file and serve his written evidence in support with the application notice, but he need not before the hearing of the application file - (a) in a Part 7 claim, a defence; or (b) in a Part 8 claim, any other written evidence.

Part 23.1

Meaning of 'application notice' and 'respondent'

Part 23.2

Where to make an application

(1) The general rule is that an application must be made to the court or County Court hearing centre where the claim was started. 5 | Page

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