Serving a Claim Form Out of the Jurisdiction

Introduction

This virtual classroom session examines the mechanics of serving a claim form issued in the courts of England or Wales on defendants outside the jurisdiction.

When is the court’s permission needed and when is it automatic?

As the EU Service Regulation no longer applies in the UK, by what means can a claim form be served abroad? Which areas have proved problematic in practice?

The session will consider the latest position and examine what it means for claimants’ advisers commencing claims before English or Welsh courts against a non-domestic opponent.

What You Will Learn

This live and interactive session will cover the following:

• Recent amendments to CPR 6.30 to 6.45
• The forms that need to be filed, featuring the Chelfat v Hutchinson 3G UK decision
• An understanding of the Hague Convention 1965 on the service abroad of judicial and extra judicial documents in civil or commercial matters
• English cases decided under the Hague Convention 1965
• How to prove service took place if the overseas defendant does not respond
• Alternative service at another place or by another method: when things go wrong (Cavadore Ltd v Jawa)
• When permission to serve outside the jurisdiction will be revoked because of material non-disclosure (Formal Holdings v Frankland Assets; Ditto Ltd v Drive Thru Records LLC)
• Practical service abroad illustrations
• Procedural aspects involving service abroad
• attempts to avoid service abroad: SMO v Tik Tok Inc; BW Legal Services Ltd v Glassdoor Inc
• extensions of time: Qatar Investment and Project Development Holding Company v Phoenix Ancient Art SA; Joe Macari Servicing Ltd v Chequered Flag International Inc
• relief from sanctions: Joe Macari Servicing

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.