PRACTICE DIRECTION 6B – SERVICE OUT OF THE JURISDICTION
This Practice Direction supplements Section IV of CPR Part 6
Contents 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.)
2.1 Where rule 6.34 applies, the claimant must file practice form N510 when filing the claim form.
3.1 The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where –
(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.
(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.)
(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.
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.
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 –
(c) British Antarctic Territory;
(d) British Indian Ocean Territory;
(e) British Virgin Islands;
(f) Cayman Islands;
(g) Falkland Islands;
(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.
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).
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.
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).
|Place or country||number of days|
|Antigua and Barbuda||23|
|Bosnia and Herzegovina||21|
|British Virgin Islands||31|
|Central African Republic||25|
|China (Hong Kong)||31|
|Cocos (Keeling) Islands||41|
|Congo (formerly Congo Brazzaville or French Congo)||25|
|Congo (Democratic Republic)||25|
|Falkland Islands and Dependencies||31|
|French West Indies||31|
|Ireland (Republic of)||21|
|Isle of Man||21|
|New Zealand Island Territories||50|
|Niger (Republic of)||25|
|Oman (Sultanate of)||22|
|Papua New Guinea||26|
|Pitcairn, Henderson, Ducie and Oeno Islands||31|
|St. Kitts and Nevis||24|
|St. Pierre and Miquelon||31|
|St. Vincent and the Grenadines||24|
|Samoa (U.S.A. Territory) (See also Western Samoa)||30|
|Sao Tome and Principe||25|
|Society Islands (French Polynesia)||31|
|South Georgia (Falkland Island Dependencies)||31|
|Spanish Territories of North Africa||31|
|Trinidad and Tobago||23|
|Tristan Da Cunha||31|
|Turks & Caicos Islands||31|
|United Arab Emirates||22|
|United States of America||22|
|Vatican City State||21|
|Virgin Islands – U.S.A||24|
|Yemen (Republic of)||30|
Service Regulation (Rule 6.41) (PDF - opens in new window)