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A Practical Approach to Civil Procedure

A Practical Approach to Civil Procedure (24th edn)

Stuart Sime
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date: 03 October 2022

11p. 119 Service Outside the Jurisdictionlocked

11p. 119 Service Outside the Jurisdictionlocked

  • Stuart SimeStuart SimeAssociate Dean and Head of Department, The City Law School, City, University of London

Abstract

This chapter deals with jurisdiction in England and Wales. Proceedings generally have to be served within the jurisdiction. There always has to be a sound basis before proceedings can be served outside the jurisdiction. Where the parties have an exclusive jurisdiction clause in favour of the courts of England and Wales, proceedings may be commenced against a defendant who is outside the jurisdiction pursuant to the Hague Convention 2005, and served on the defendant without seeking court permission. In other cases, if jurisdiction can be established against a defendant who is outside the jurisdiction under the CPR, r 6.36 and PD 6B, para 3.1, proceedings can be served outside the jurisdiction only with the permission of the court. The times for responding to claims served outside the jurisdiction are extended.

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