Cross-border service—applications

When dealing with issues of cross-border service, a specific consideration will be whether the court’s permission is required to serve a claim form outside England and Wales. This Overview provides an insight into the rationale for such an application, the different elements that the claimant will need to satisfy, as well as an application by the defendant to appeal the order in which permission has been granted.

Other considerations apply for cross-border service. For a summary, see: Cross-border service principles—overview and Cross-border service and issues with service—overview.

For an insight into other issues which may arise when serving outside England and Wales, see Practice Note: Cross-border service—a guide for dispute resolution practitioners.

Service of court documents is one of many considerations that arise when dealing with a cross-border dispute. For an insight into other considerations, see: Cross-border considerations—checklist.

Is the court’s permission required?

A claim form can only be served outside England and Wales if the court has the jurisdiction to determine the dispute between the parties. Permission is not required in cases in which specific criteria have been met. For insight,

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