PRACTICE DIRECTION
RSC ORDER 11 - SERVICE OUT OF THE JURISDICTION.
See also Schedule 1
THIS PRACTICE DIRECTION SUPPLEMENTS RSC ORDER 11 (SCHEDULE 1 TO THE CPR).
Matters to be included in claim forms:
1.1 CPR Part 7 provides that when particulars of claim are served on a defendant they must be accompanied by -
- a form for defending the claim;
- a form for admitting the claim; and
- a form for acknowledging service.
1.2 In addition, the particulars of claim must be accompanied by the complete Response Pack. The Response Pack must clearly state the appropriate period for responding to the claim form, as specified in this Practice Direction, and accordingly both Form N9 and Form N1C and other relevant forms must be amended. 1.3 Where the claim form is to be served in a place or country listed in the table below in accordance with paragraph 6.4, the particulars of claim, if not included in it, must accompany the claim form. 1.4 Where a claim form is served out of the jurisdiction without permission under Schedule 1, RSC O.11 r.1(2), it must include a certificate that the court has power under the Civil Jurisdiction and Judgments Act 1982 to hear the claim, and that no proceedings involving the same issues are pending between the parties in the courts of any part of the United Kingdom or any other Convention territory as specified in RSC O.11, r.1(2)(a)(i). 1.5 The usual form of words of the certificate will be: "We certify that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982 to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."
1.6 The usual form of words of the certificate where the proceedings begun by the claim form are proccedings to which Article 16 of Schedule 1, 3C or 4 to that Act refers will be: "We certify that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982, the claim having as its object rights in rem in immovable property or tenancies in immovable property (or otherwise in accordance with the provisions of Article 16 of Schedule 1, 3C or 4 to that Act) to which Article 16 of Schedule 1, 3C or 4 to that Act applies, to hear the claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by Section 1(3) of the Act."
1.7 The usual form of words of the certificate where the defendant is a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1, 3C or 4 to that Act applies will be: "We certify that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982, the defendant being a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1, 3C or 4 to that Act applies, to hear the claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by Section 1(3) of the Act."
1.8 If a certificate under paragraph 1.4 is omitted, the issued claim form will be marked, "Not for service out of the jurisdiction." Documents to be filed
2.1 The claimant must file the following documents for each person to be served -
- a request for service of the claim form by one of the methods under O. 11, rr. 5 and 6 or for service -
- under any order for service by an alternative method,
- in accordance with the law of the country in which service is to be effected,
- in a country which is a party to the Hague Convention of 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters1 in accordance with the provisions of that Convention,
- in a country in respect of which there subsists a civil procedure convention (other than the Hague Convention) in accordance with the provisions of such a convention,
- a sealed original of the claim form and accompanying documents,
- a duplicate copy of the claim form and accompanying documents,
- copies of the particulars of claim (see paragraph 1.3 above),
- the response pack amended as necessary (see paragraph 1.2 above),
- any translation required under RSC Order 11 rule 6(5) and paragraph 3.3, in duplicate;
and
- a statement by the person making any translation that it is a correct translation, as required by RSC Order 11, rule 6(6), in duplicate.
2.2
- Care should be taken to ensure that the method of service requested under paragraph 2.1(1) is a method recognized in the country in which service is to be effected.
- Service in the countries listed in RSC O. 11, r. 6(1) should be effected by the claimant or his agent direct.
2.3 The request for service must include an undertaking under RSC Order 11, rule 8 by the person making the request -
- to be responsible for all expenses incurred by the Foreign and Commonwealth Office, and
- to pay those expenses to the Foreign and Commonwealth Office on being informed of the amount.
2.4 RSC Order 11 rule 7(1) sets out the documents to be filed where a claimant wishes to serve the claim form on a State. The additional documents listed in paragraph 2.1 must also be filed in such cases. 2.5 Where the claimant files the documents specified, he must obtain a sealed copy and an ordinary copy and take them to the Foreign Process Office. 2.6 In certain countries the documents filed will require legalisation. The Foreign Process Office (Rm. E219, The Royal Courts of Justice) will advise as to particular cases. Translations:
3.1 RSC Order 11 rule 6(5) provides that, except in certain specified instances (see paragraph 3.4 below), every copy of the claim form filed under RSC Order 11 rule 6 (service through judicial authorities, foreign governments and British Consular authorities) or RSC Order 11 rule 7 (service of claim form on a State), must be accompanied by a translation of the claim form. 3.2 RSC O.11 r.6(5) and (6) apply to particulars of claim where they are not included in the claim form. 3.3 Where a translation of the claim form is required under RSC 0.11 r.6(5), the claimant must also file a translation of the forms in the Response Pack. 3.4 Unless made necessary by the particular circumstances of the case, translations are not required where the claim form is to be served - (It should be noted that English is not an official language in the Province of Quebec.)
- in a country where English is an official language (Rule 6(5));
- by a British consular authority on a British subject, unless a Civil Procedure Convention expressly requires a translation (Rule 6(5));
- on a State in which English is an official language (Rule 7(1)(c)).
Service with the permission of the court under certain Acts
4.1 RSC Order, rule 1 provides that a claim form may be served out of the jurisdiction with the court's permission if the claim is made under certain specified enactments. 4.2 These are:
- claims under the Nuclear Installations Act 19652,
- claims in respect of contributions under the Social Security Contributions and Benefits Act 19923,
- claims for a sum to which the Directive of the Council of the European Communities dated 15 March 1976 No. 76/308/EEC applies, where service is to be effected in a member state of the European Economic Community,
- claims under the Drug Trafficking Offences Act 19944,
- claims under the Financial Services Act 19865,
- claims under the Banking Act 19876,
- claims under Part VI of the Criminal Justice Act 19887, and
- claims under the Immigration (Carriers' Liability) Act 19878.
Service of other documents:
5.1 RSC Order 11, r.1(2) (service without the court's permission) and RSC Order 11, rule 1(1) (service with the court's permission) apply to service out of the jurisdiction of a petition, application notice or order as they apply to service of a claim form. 5.2 Applications to which this paragraph applies include applications made under CPR Rule 23.2(4) before a claim has been started; for example
- applications made under CPR Rule 25.4(1)(b) for order for disclosure, inspection etc, before a claim has been made, or
- orders for disclosure under CPR Rule 31.16 before proceedings have started.
5.3 RSC Order 11, rule 4 applies where appropriate to an application for permission to serve documents under this paragraph. 5.4 RSC Order 11, rules 5-9 apply to any document for which permission has been granted under this paragraph as they apply to a claim form. 5.5 Paragraphs 6, 7 and 8 of this Practice Direction apply as appropriate to response to service of any other document as they apply to response to service of a claim form. Period for responding to a claim form
6.1 Where the permission of the court is required, under RSC Order 11, rule 4, for a claim form to be served out of the jurisdiction, Rule 4(4) requires the order granting permission to specify the period within which the defendant may respond to the claim form. 6.2 RSC Order 11, rule 1A sets out period for filing an acknowledgment of service or filing or serving an admission where a claim form has been served out of the jurisdiction without permission under rule 1(2). 6.3. RSC Order 11, rule 1B sets out the period for filing a defence where a claim form has been served out of the jurisdiction without permission under Rule 1(2). 6.4 The table below specifies the periods for responding to a claim form which has been served out of the jurisdiction without permission-
- under RSC Order 11, rule 1(2) in a country not covered by rule 1A(2)or (3); or
- under rule 1(2)(a).
6.5 Where an order grants permission to serve a claim form out of the jurisdiction under RSC Order 11, rule 1(1), the periods within which the defendant may- which, in accordance with RSC Order 11, rule 4(4), are required to be specified in the order will be calculated having regard to the table below.
- file an acknowledgment of service in accordance with CPR Part 10,
- file or serve an admission in accordance with CPR Part 14, and
- file a defence in accordance with CPR Part 15,
Period for filing acknowledgment of service or filing or serving an admission
7.1 This paragraph sets out the period for filing an acknowledgment of service under CPR Part 10 or filing or serving an admission under CPR Part 14 where a claim form has been served in a place or country listed in the table. 7.2 The period for filing an acknowledgment of service or filing or serving an admission is the number of days listed in the table after service of the claim form. 7.3 For example, where a defendant has been served with a claim form in the Bahamas, the period for acknowledging service or admitting the claim is 22 days after service. Period for filing a defence
8.1 This paragraph sets out the period for filing a defence under CPR Part 15 where a claim form has been served in a place or country listed in the table. 8.2 The period for filing a defence is -
- the number of days listed in the table after service of the claim form, or
- where the defendant has filed an acknowledgment of service, the number of days listed in the table plus an additional 14 days after service of the claim form.
8.3 For example, where a defendant has been served with a claim form in Gibraltar and has acknowledged service, the period for filing a defence is 45 days after service of the claim form. Address for service
9. CPR rule 6.5(2) provides that a party must give an address for service within the jurisdiction. Service of application notice
10.1 Where an application notice or order needs to be served out of the jurisdiction, the period for responding to service is 7 days less than the number of days listed in the table. 10.2 When applying for a date for a hearing adequate time must be allowed for service of the response to the application notice or order. Further Information
11.1 For further information concerning service out of the jurisdiction contact the Foreign Process Office (Rm. E219, The Royal Courts of Justice).
Table
Place or Country number of days Abu Dhabi 22 Afghanistan 23 Albania 25 Algeria 22 Angola 22 Anguilla 31 Antigua 23 Antilles (Netherlands) 31 Argentina 22 Armenia 21 Ascension 31 Australia 25 Austria 21 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-Hercegovina 21 Botswana 23 Brazil 22 Brunei 25 Bulgaria 23 Burkina Faso 23 Burma 23 Burundi 22 Cameroon 22 Canada 22 Canary Islands 22 Cape Verde Islands 25 Caroline Islands 31 Cayman Islands 31 Central African Republic 25 Chad 25 Chile 22 China 24 Christmas Island 27 Cocos (Keeling) Islands 41 Colombia 22 Comoros 23 Congo (People's Republic) 25 Corsica 21 Costa Rica 23 Croatia 21 Cuba 24 Cyprus 31 Cyrenaica (see Libya) 21 Czech Republic 21 Denmark 21 Djibouti 22 Dominica 23 Dominican Republic 23 Dubai 22 Ecuador 22 Egypt (Arab Rebublic) 22 El Salvador (Republic of) 25 Equatorial Guinea 23 Estonia 21 Ethiopia 22 Falkland Islands and Dependencies 31 Faroe Islands 31 Fiji 23 Finland 24 France 21 French Guiana 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 18 Guyana 22 Haiti 23 Holland (Netherlands) 21 Honduras 24 Hong Kong 31 Hungary 22 Iceland 22 India 23 Indonesia 22 Iran 22 Iraq 22 Ireland (Republic of) 21 Ireland (Northern) 21 Isle of Man 18 Israel 22 Italy 21 Ivory Coast 22 Jamaica 22 Japan 23 Jersey 18 Jordan 23 Kampuchea 38 Kazakhstan 21 Kenya 22 Kirgizstan 21 Korea (North) 28 Korea (South) 24 Kuwait 22 Laos 30 Latvia 21 Lebanon 22 Lesotho 23 Liberia 22 Libya 21 Liechtenstein 21 Lithuania 21 Luxembourg 21 Macau 31 Macedonia 21 Madagascar 23 Madeira 31 Malawi 23 Malaya 24 Maldive Islands 26 Mali 25 Malta 21 Mariana Islands 26 Marshall Islands 32 Mauritania 23 Mauritius 22 Mexico 23 Moldova 21 Monaco 21 Montserrat 31 Morocco 22 Mozambique 23 Nauru Island 36 Nepal 23 Netherlands 21 Nevis 24 New Caledonia 31 New Hebrides (now Vanuatu) 29 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 Panama (Republic of) 26 Papua New Guinea 26 Paraguay 22 Peru 22 Philippines 23 Pitcairn Island 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-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 Sarawak 28 Saudi Arabia 24 Scotland 21 Senegal 22 Seychelles 22 Sharjah 24 Sierra Leone 22 Singapore 22 Slovakia 21 Slovenia 21 Society Islands (French Polynesia) 31 Solomon Islands 29 Somali Democratic Republic 22 South Africa (Republic of) 22 South Georgia (Falkland 31 Island Dependencies) South Orkneys 21 South Shetlands 21 Spain 21 Spanish Territories of North Africa 31 Sri Lanka 23 Sudan 22 Suriname 22 Swaziland 22 Sweden 21 Switzerland 21 Syria 23 Taiwan 23 Tajikistan 21 Tanzania 22 Thailand 23 Tibet 34 Tobago 23 Togo 22 Tonga 30 Tortola 31 Trinidad & Tobago 23 Tristan Da Cunha 31 Tunisia 22 Turkey 21 Turkmenistan 21 Turks & Caicos Islands 31 Uganda 22 Ukraine 21 United States of America 22 Uruguay 22 Uzbekistan 21 Vanuatu 29 Vatican City State 21 Venezuela 22 Vietnam 28 Virgin Islands - British (Tortola) 31 Virgin Islands - U.S.A 24 Wake Island 25 Western Samoa 34 Yemen (Republic of) 30 Yugoslavia (except for Bosnia-Hercegovina Croatia Macedonia and Slovenia) 21 Zaire 25 Zambia 23 Zimbabwe 22
1 November 15, 1965; TS50 (1969); Cmnd. 3986 2 1965 c.57 3 1992 c.4 4 1994 c.37 5 1986 c.60 6 1987 c.22 7 1988 c.33 8 1987 c.24
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