header-logo header-logo

29 September 2023 / Janna Purdie
Issue: 8042 / Categories: Features , Jurisdiction , Procedure & practice
printer mail-detail

Jurisdictional service gateways

Janna Purdie provides a handy guide to cross-border service & jurisdiction clauses
  • Recent cases provide insight into one of the service gateways which enables claimants to serve a claim form overseas without the court’s permission. 

A vital step when commencing proceedings in the English courts is the valid service of the claim form on the defendant—failure provides the defendant with the opportunity to challenge the court’s jurisdiction to determine the claim. When serving overseas, an essential requirement is that the court has jurisdiction over the defendant(s) to determine the dispute before it. The rules setting out whether this is the case are known as the so-called ‘jurisdictional service gateways’ and are set out in:

  • CPR 6.32 and CPR 6.33—these rules enable the claimant to determine whether the court has jurisdiction, or 
  • CPR PD 6B, para 3.1—these rules are applied by the court when determining whether the gateway(s) relied on by the claimant are applicable ie an application for permission to serve out of the jurisdiction is required.

In both cases, the court’s jurisdiction

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll