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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The number of misconduct reports to the Financial Conduct Authority (FCA) has doubled in the past five years, after a series of industry scandals highlighted the reputational and regulatory risks involved
It’s game, set but not quite match for the All England Lawn Tennis Ground (AELTG) in its dream of expanding its West London grounds
One in four partners at top 50 and one in five at top 250 firms are considering leaving their firm in the next three years, according to a survey by TBD Marketing
A flat-rate, ‘events-based’ redress scheme for families of postmasters severely affected by the Horizon IT miscarriage of justice scandal is due to open in the summer
back-to-top-scroll