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LPC Law Notes Commercial Dispute Resolution Notes

Cpr Summaries Brussels Regulations Notes

Updated Cpr Summaries Brussels Regulations Notes

Commercial Dispute Resolution Notes

Commercial Dispute Resolution

Approximately 305 pages

A collection of the best Commercial Dispute Resolution notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short these are what we believe to be the strongest set of Commercial Dispute Resolution notes available in the UK this year. This collection ...

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CPR Summaries

CDR CPR Reading Summary

CPR Part Title Notes
Part 6.30 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)
Part 6.32

Service of the claim form where the permission of the court is not required – Scotland and Northern Ireland

 Domiciled in the United Kingdom
Part 6.33

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

Note: 6 months time-limit for service instead of usual 4 months

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 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

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.
PD 6B 3.1

Service out of the jurisdiction where permission is required

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.

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...

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