PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION

This Practice Direction supplements Section IV of CPR Part 6

Contents of this Practice Direction

TitleNumber
Scope of this Practice DirectionPara. 1.1
Service out of the jurisdiction where permission of the court is not requiredPara. 2.1
Service out of the jurisdiction where permission is requiredPara. 3.1
Documents to be filed under rule 6.43(2)(c)Para. 4.1
Service in a Commonwealth State or British overseas territoryPara. 5.1
Period for responding to a claim formPara. 6.1
Period for responding to an application noticePara. 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.

(4A) A claim is made against the defendant  in reliance on one or more of paragraphs (2), (6) to (16), (19) or (21) and a further claim is made against the same defendant which arises out of the same or closely connected facts.

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 or

(c) is governed by English law.

(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, or will be sustained, within the jurisdiction; or

(b) damage which has been or will be sustained results from an act committed, or likely to be 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 subject matter of the claim relates wholly or principally to property within the jurisdiction, provided that nothing under this paragraph shall render justiciable the title to or the right to possession of immovable property outside England and Wales.

Claims about trusts etc.

(12) A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which is governed by the law of England and Wales.

(12A) A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which provides that jurisdiction in respect of such a claim shall be conferred upon the courts of England and Wales.

(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 or whose estate includes assets within the jurisdiction.

(14) A probate claim or a claim for the rectification of a will.

(15) A claim is made against the defendant as constructive trustee, or as trustee of a resulting trust, where the claim arises out of acts committed or events occurring within the jurisdiction or relates to assets within the jurisdiction.

(16) A claim is made for restitution where –

(a) the defendant’s alleged liability arises out of acts committed within the jurisdiction; or

(b) the enrichment is obtained within the jurisdiction; or

(c) the claim is governed by the law of England and Wales.

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.

Claims for breach of confidence or misuse of private information

(21) A claim is made for breach of confidence or misuse of private information where –

(a) detriment was suffered, or will be suffered, within the jurisdiction; or

(b) detriment which has been, or will be, suffered results from an act committed, or likely to be committed, within the jurisdiction.

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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 countrynumber of days
Afghanistan23
Albania25
Algeria22
Andorra21
Angola22
Anguilla31
Antigua and Barbuda23
Antilles (Netherlands)31
Argentina22
Armenia21
Ascension Island31
Australia25
Austria21
Azerbaijan22
Azores23
Bahamas22
Bahrain22
Balearic Islands21
Bangladesh23
Barbados23
Belarus21
Belgium21
Belize23
Benin25
Bermuda31
Bhutan28
Bolivia23
Bosnia and Herzegovina21
Botswana23
Brazil22
British Virgin Islands31
Brunei25
Bulgaria23
Burkina Faso23
Burma23
Burundi22
Cambodia28
Cameroon22
Canada22
Canary Islands22
Cape Verde25
Caroline Islands31
Cayman Islands31
Central African Republic25
Chad25
Chile22
China24
China (Hong Kong)31
China (Macau)31
China (Taiwan)23
China (Tibet)34
Christmas Island27
Cocos (Keeling) Islands41
Colombia22
Comoros23
Congo (formerly Congo Brazzaville or French Congo)25
Congo (Democratic Republic)25
Corsica21
Costa Rica23
Croatia21
Cuba24
Cyprus31
Czech Republic21
Denmark21
Djibouti22
Dominica23
Dominican Republic23
East Timor25
Ecuador22
Egypt22
El Salvador25
Equatorial Guinea23
Eritrea22
Estonia21
Ethiopia22
Falkland Islands and Dependencies31
Faroe Islands31
Fiji23
Finland24
France21
French Guyana31
French Polynesia31
French West Indies31
Gabon25
Gambia22
Georgia21
Germany21
Ghana22
Gibraltar31
Greece21
Greenland31
Grenada24
Guatemala24
Guernsey21
Guinea22
Guinea-Bissau22
Guyana22
Haiti23
Holland (Netherlands)21
Honduras24
Hungary22
Iceland22
India23
Indonesia22
Iran22
Iraq22
Ireland (Republic of)21
Ireland (Northern)21
Isle of Man21
Israel22
Italy21
Ivory Coast22
Jamaica22
Japan23
Jersey21
Jordan23
Kazakhstan21
Kenya22
Kiribati23
Korea (North)28
Korea (South)24
Kosovo21
Kuwait22
Kyrgyzstan21
Laos30
Latvia21
Lebanon22
Lesotho23
Liberia22
Libya21
Liechtenstein21
Lithuania21
Luxembourg21
Macedonia21
Madagascar23
Madeira31
Malawi23
Malaysia24
Maldives26
Mali25
Malta21
Mariana Islands26
Marshall Islands32
Mauritania23
Mauritius22
Mexico23
Micronesia23
Moldova21
Monaco21
Mongolia24
Montenegro21
Montserrat31
Morocco22
Mozambique23
Namibia23
Nauru36
Nepal23
Netherlands21
Nevis24
New Caledonia31
New Zealand26
New Zealand Island Territories50
Nicaragua24
Niger (Republic of)25
Nigeria22
Norfolk Island31
Norway21
Oman (Sultanate of)22
Pakistan23
Palau23
Panama26
Papua New Guinea26
Paraguay22
Peru22
Philippines23
Pitcairn, Henderson, Ducie and Oeno Islands31
Poland21
Portugal21
Portuguese Timor31
Puerto Rico23
Qatar23
Reunion31
Romania22
Russia21
Rwanda23
Sabah23
St. Helena31
St. Kitts and Nevis24
St. Lucia24
St. Pierre and Miquelon31
St. Vincent and the Grenadines24
Samoa (U.S.A. Territory) (See also Western Samoa)30
San Marino21
Sao Tome and Principe25
Sarawak28
Saudi Arabia24
Scotland21
Senegal22
Serbia21
Seychelles22
Sierra Leone22
Singapore22
Slovakia21
Slovenia21
Society Islands (French Polynesia)31
Solomon Islands29
Somalia22
South Africa22
South Georgia (Falkland Island Dependencies)31
South Orkneys21
South Shetlands21
Spain21
Spanish Territories of North Africa31
Sri Lanka23
Sudan22
Surinam22
Swaziland22
Sweden21
Switzerland21
Syria23
Tajikistan21
Tanzania22
Thailand23
Togo22
Tonga30
Trinidad and Tobago23
Tristan Da Cunha31
Tunisia22
Turkey21
Turkmenistan21
Turks & Caicos Islands31
Tuvalu23
Uganda22
Ukraine21
United Arab Emirates22
United States of America22
Uruguay22
Uzbekistan21
Vanuatu29
Vatican City State21
Venezuela22
Vietnam28
Virgin Islands – U.S.A24
Wake Island25
Western Samoa34
Yemen (Republic of)30
Zaire25
Zambia23
Zimbabwe22

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Annex

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

Ministry of Justice

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