Cross-border service—principles

Copyright © 2024 LexisNexis

This Overview considers the principles that apply when serving court documents in proceedings in which the defendant is domiciled outside England and Wales.

For other considerations when dealing with cross-border service, see: Cross-border service and applications for permission—overview and Cross-border service and problems with service—overview.

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.

Before determining how to serve documents outside England and Wales consider whether there is any basis on which the claim form may be served in England and Wales, for example:

  1. •

    consider whether there is a contractually agreed method of service, such that proceedings can be served in the jurisdiction. For guidance, see Practice Note: Service of the claim form by a contractually agreed method (CPR 6.11)

  2. •

    note that specific rules apply when serving an arbitration claim form. For guidance, see Practice Note: AA 1996—service of arbitration claims within, and out of, the jurisdiction

Tools

When dealing with service outside England and Wales, the following Practice Notes may provide useful assistance:

  1. •

    Cross-border

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Existing user? Sign-in TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

CJC concludes comprehensive review of pre-action protocols with publication of final report (phase two)

The Civil Justice Council (CJC) has concluded its extensive review of pre-action protocols (PAPs) with the publication of its phase two report. The first phase of the final report, published in August 2023, examined the role of PAPs in the civil justice system and explored the potential for digitalising pre-action processes. The second phase was published in November 2024. In the second (and final) phase report the CJC has set out its recommendations for the reform of various existing PAPs, including those for Personal Injury, Housing, Judicial Review, Debt, Construction and Engineering, Professional Negligence and Media and Communications. The report also recommends the creation of two new PAPs, one for dealing with child abuse and one for Multi-Track Claims in the Business and Property Courts of England and Wales (with a draft included at Appendix 1).

175th Practice Direction update—in force 20 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 175th Practice Direction (PD) update to the Civil Procedure Rules (CPR). The amendments come into force on 20 November 2024.  The 175th PD update contains amendments to the online Damages Claims Pilot under CPR PD 51ZB (the DCP), in order to correct a misalignment between the rules in CPR PD 51ZB and the operation of the DCP digital service, concerning the automatic dismissal of claims. CPR PD 51ZB is updated to state so that within four months of the date of issue of the claim, the claimant must not only notify the defendant of the claim and the claim details, but also notify the DCP that they have taken these steps to avoid automatic dismissal of the claim.

Dispute Resolution weekly highlights—21 November 2024

This week's edition of Dispute Resolution weekly highlights includes: the Ministry of Justice’s annual report and accounts for the financial year 2023–2024 and the Supreme Court decision in Secretary of State for the Department for Environment, Food and Rural Affairs and others v Public and Commercial Services Union (Contracts (Rights of Third Parties) Act 1999); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

176th Practice Direction update—in force 19 November 2024

The Master of the Rolls and the Parliamentary Under-Secretary of State for Justice have approved the 176th Practice Direction (PD) Update to the Civil Procedure Rules (CPR). The amendments come into force on 19 November 2024. The 176th PD update provides an extension of the operative period of CPR PD 51ZC (Small Claims Paper Determination Pilot) until 31 October 2025 for the purposes of completing the evaluation exercise of the pilot.

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are

Forum non conveniens—principles

Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For

Enforcing foreign judgments—common law principles

Enforcing foreign judgments—common law principlesThis Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note
Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdiction

Determining whether the courts of England and Wales have jurisdictionThis Practice Note provides an overview into the issues the court will consider during applications in which a party either seeks to establish or to challenge the jurisdiction of the courts of England and Wales. Key elements are

Forum non conveniens—principles

Forum non conveniens—principles

Forum non conveniens—principlesThis Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreements

Jurisdiction agreements—exclusive jurisdiction agreementsThis Practice Note considers exclusive jurisdiction agreements (also known as choice of court agreements). Specific considerations as to the construction, effect and enforcement of this type of jurisdiction agreements are discussed.For

Enforcing foreign judgments—common law principles

Enforcing foreign judgments—common law principles

Enforcing foreign judgments—common law principlesThis Practice Note considers the recognition and enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in England and Wales with the foreign judgment as the cause of action. The Practice Note