Cross-border service—principles

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