ABSTRACT

Before issuing a claim form or seeking permission to serve out of the jurisdiction, it is necessary to consider whether the jurisdiction of the English Courts is affected by the Civil Jurisdiction and Judgments Act 1982. It is very important that the statement as to the grounds upon which the claimant is entitled to serve the claim form out of the jurisdiction is accurate and made with care. The grounds upon which a claimant may apply for the Court's permission to serve a claim form out of the jurisdiction pursuant to rule 6.36. The claimant should also present evidence of the considerations relied upon as showing that the case is a proper one in which to subject a party outside the jurisdiction to proceedings within it. A copy or draft of the claim form which the applicant intends to issue and serve must be provided to the Judge.