PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION

This Practice Direction supplements Section IV of CPR Part 6

Contents of this Practice Direction

Title Number
Scope of this Practice Direction Para. 1.1
Service out of the jurisdiction where permission of the court is not required Para. 2.1
Service out of the jurisdiction where permission is required Para. 3.1
Documents to be filed under rule 6.43(2)(c) Para. 4.1
Service in a Commonwealth State or British overseas territory Para. 5.1
Period for responding to a claim form Para. 6.1
Period for responding to an application notice Para. 7.1
Annex
 

Scope of this Practice Direction

1.1  This Practice Direction supplements Section IV (service of the claim form and other documents out of the jurisdiction) of Part 6.

(Practice Direction 6A contains relevant provisions supplementing rule 6.40 in relation to the method of service on a party in Scotland or Northern Ireland.)

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Service out of the jurisdiction where permission of the court is not required

2.1  Where rule 6.34 applies, the claimant must file practice form N510 when filing the claim form.

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Service out of the jurisdiction where permission is required

3.1  The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where –

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 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 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 non-party.)

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.

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Documents to be filed under rule 6.43(2)(c)

4.1  A party must provide the following documents for each party to be served out of the jurisdiction –

(1) a copy of the particulars of claim if not already contained in or served with the claim form and any other relevant documents;

(2) a duplicate of the claim form, a duplicate of the particulars of claim (if not already contained in or served with the claim form), copies of any documents accompanying the claim form and copies of any other relevant documents;

(3) forms for responding to the claim; and

(4) any translation required under rule 6.45 in duplicate.

4.2  Some countries require legalisation of the document to be served and some require a formal letter of request which must be signed by the Senior Master. Any queries on this should be addressed to the Foreign Process Section (Room E02) at the Royal Courts of Justice.

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Service in a Commonwealth State or British overseas territory

5.1  The judicial authorities of certain Commonwealth States which are not a party to the Hague Convention require service to be in accordance with rule 6.42(1)(b)(i) and not 6.42(3). A list of such countries can be obtained from the Foreign Process Section (Room E02) at the Royal Courts of Justice.

5.2  The list of British overseas territories is contained in Schedule 6 to the British Nationality Act 1981. For ease of reference, these are –

(a) Anguilla;

(b) Bermuda;

(c) British Antarctic Territory;

(d) British Indian Ocean Territory;

(e) British Virgin Islands;

(f) Cayman Islands;

(g) Falkland Islands;

(h) Gibraltar;

(i) Montserrat;

(j) Pitcairn, Henderson, Ducie and Oeno;

(k) St. Helena and Dependencies;

(l) South Georgia and the South Sandwich Islands;

(m) Sovereign Base Areas of Akrotiri and Dhekelia; and

(n) Turks and Caicos Islands.

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Period for responding to a claim form

6.1  Where rule 6.35(5) applies, the periods within which the defendant must –

(1) file an acknowledgment of service;

(2) file or serve an admission; or

(3) file a defence,

will be calculated in accordance with paragraph 6.3, 6.4 or 6.5.

6.2  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.

(Rule 6.37(5)(a) provides that when giving permission to serve a claim form out of the jurisdiction the court will specify the period within which the defendant may respond to the claim form.)

6.3  The period for filing an acknowledgment of service under Part 10 or for filing or serving an admission under Part 14 is the number of days listed in the Table after service of the particulars of claim.

6.4  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.

6.5  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.

6.6  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).

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Period for responding to an application notice

7.1  Where an application notice is served out of the jurisdiction, the period for responding is 7 days less than the number of days listed in the Table.

Further information

7.2  Further information concerning service out of the jurisdiction can be obtained from the Foreign Process Section, Room E02, Royal Courts of Justice, Strand, London WC2A 2LL (telephone 020 7947 6691).
 

TABLE

Place or country number of days
Afghanistan 23
Albania 25
Algeria 22
Andorra 21
Angola 22
Anguilla 31
Antigua and Barbuda 23
Antilles (Netherlands) 31
Argentina 22
Armenia 21
Ascension Island 31
Australia 25
Austria 21
Azerbaijan 22
Azores 23
Bahamas 22
Bahrain 22
Balearic Islands 21
Bangladesh 23
Barbados 23
Belarus 21
Belgium 21
Belize 23
Benin 25
Bermuda 31
Bhutan 28
Bolivia 23
Bosnia and Herzegovina 21
Botswana 23
Brazil 22
British Virgin Islands 31
Brunei 25
Bulgaria 23
Burkina Faso 23
Burma 23
Burundi 22
Cambodia 28
Cameroon 22
Canada 22
Canary Islands 22
Cape Verde 25
Caroline Islands 31
Cayman Islands 31
Central African Republic 25
Chad 25
Chile 22
China 24
China (Hong Kong) 31
China (Macau) 31
China (Taiwan) 23
China (Tibet) 34
Christmas Island 27
Cocos (Keeling) Islands 41
Colombia 22
Comoros 23
Congo (formerly Congo Brazzaville or French Congo) 25
Congo (Democratic Republic) 25
Corsica 21
Costa Rica 23
Croatia 21
Cuba 24
Cyprus 31
Czech Republic 21
Denmark 21
Djibouti 22
Dominica 23
Dominican Republic 23
East Timor 25
Ecuador 22
Egypt 22
El Salvador 25
Equatorial Guinea 23
Eritrea 22
Estonia 21
Ethiopia 22
Falkland Islands and Dependencies 31
Faroe Islands 31
Fiji 23
Finland 24
France 21
French Guyana 31
French Polynesia 31
French West Indies 31
Gabon 25
Gambia 22
Georgia 21
Germany 21
Ghana 22
Gibraltar 31
Greece 21
Greenland 31
Grenada 24
Guatemala 24
Guernsey 21
Guinea 22
Guinea-Bissau 22
Guyana 22
Haiti 23
Holland (Netherlands) 21
Honduras 24
Hungary 22
Iceland 22
India 23
Indonesia 22
Iran 22
Iraq 22
Ireland (Republic of) 21
Ireland (Northern) 21
Isle of Man 21
Israel 22
Italy 21
Ivory Coast 22
Jamaica 22
Japan 23
Jersey 21
Jordan 23
Kazakhstan 21
Kenya 22
Kiribati 23
Korea (North) 28
Korea (South) 24
Kosovo 21
Kuwait 22
Kyrgyzstan 21
Laos 30
Latvia 21
Lebanon 22
Lesotho 23
Liberia 22
Libya 21
Liechtenstein 21
Lithuania 21
Luxembourg 21
Macedonia 21
Madagascar 23
Madeira 31
Malawi 23
Malaysia 24
Maldives 26
Mali 25
Malta 21
Mariana Islands 26
Marshall Islands 32
Mauritania 23
Mauritius 22
Mexico 23
Micronesia 23
Moldova 21
Monaco 21
Mongolia 24
Montenegro 21
Montserrat 31
Morocco 22
Mozambique 23
Namibia 23
Nauru 36
Nepal 23
Netherlands 21
Nevis 24
New Caledonia 31
New Zealand 26
New Zealand Island Territories 50
Nicaragua 24
Niger (Republic of) 25
Nigeria 22
Norfolk Island 31
Norway 21
Oman (Sultanate of) 22
Pakistan 23
Palau 23
Panama 26
Papua New Guinea 26
Paraguay 22
Peru 22
Philippines 23
Pitcairn, Henderson, Ducie and Oeno Islands 31
Poland 21
Portugal 21
Portuguese Timor 31
Puerto Rico 23
Qatar 23
Reunion 31
Romania 22
Russia 21
Rwanda 23
Sabah 23
St. Helena 31
St. Kitts and Nevis 24
St. Lucia 24
St. Pierre and Miquelon 31
St. Vincent and the Grenadines 24
Samoa (U.S.A. Territory) (See also Western Samoa) 30
San Marino 21
Sao Tome and Principe 25
Sarawak 28
Saudi Arabia 24
Scotland 21
Senegal 22
Serbia 21
Seychelles 22
Sierra Leone 22
Singapore 22
Slovakia 21
Slovenia 21
Society Islands (French Polynesia) 31
Solomon Islands 29
Somalia 22
South Africa 22
South Georgia (Falkland Island Dependencies) 31
South Orkneys 21
South Shetlands 21
Spain 21
Spanish Territories of North Africa 31
Sri Lanka 23
Sudan 22
Surinam 22
Swaziland 22
Sweden 21
Switzerland 21
Syria 23
Tajikistan 21
Tanzania 22
Thailand 23
Togo 22
Tonga 30
Trinidad and Tobago 23
Tristan Da Cunha 31
Tunisia 22
Turkey 21
Turkmenistan 21
Turks & Caicos Islands 31
Tuvalu 23
Uganda 22
Ukraine 21
United Arab Emirates 22
United States of America 22
Uruguay 22
Uzbekistan 21
Vanuatu 29
Vatican City State 21
Venezuela 22
Vietnam 28
Virgin Islands – U.S.A 24
Wake Island 25
Western Samoa 34
Yemen (Republic of) 30
Zaire 25
Zambia 23
Zimbabwe 22

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Annex

Service Regulation (Rule 6.41) (PDF - opens in new window)

Ministry of Justice

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