Service of the claim form and other documents: outside the jurisdiction

by Practical Law Dispute Resolution based on an original by A&O Shearman

A practice note providing an overview of the framework for serving English proceedings and other documents outside the jurisdiction of England and Wales. This practice note outlines the key rules for determining whether, and how, legal documents can be served on a foreign defendant. It examines the critical distinction between circumstances requiring the court's permission to serve out under CPR 6.36 and those where permission is not needed under CPR 6.32 and CPR 6.33. This resource offers guidance on the practical steps for obtaining the court's permission, including satisfying the tests for establishing a jurisdictional gateway, that there is a serious issue to be tried, and that England is the proper forum for the dispute (forum conveniens). Additionally, this practice note details the various methods for effecting service, from using international agreements like the Hague Service Convention to relying on methods permitted by local law and also summarises the procedure for serving foreign proceedings within England and Wales.