header-logo header-logo

Jurisdictional service gateways

29 September 2023 / Janna Purdie
Issue: 8042 / Categories: Features , Jurisdiction , Procedure & practice
printer mail-detail
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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll