PastPaperHero | Commencing a claim - Mechanisms for valid service in another jurisdiction

Learning Outcomes

This article explains how to commence and serve claims on defendants outside England and Wales, including:

identifying when court permission is required under CPR 6.36 and when service out is allowed without permission under CPR 6.33;
applying the main PD 6B gateways (contract, tort, necessary or proper party, injunctions and property) and the serious issue to be tried / forum conveniens tests;
preparing a compliant permission application, including evidence, draft order, and selection of an appropriate method of service;
comparing service routes under the Hague Service Convention, CPR 6.40, and local foreign law, and recognising when Central Authority, postal or consular channels are appropriate;
calculating and managing key time limits for service of the claim form and particulars, extensions of validity, acknowledgments of service and defences;
determining the deemed date of service in cross-border cases and its impact on procedural deadlines;
evaluating when to seek orders for alternative service and how to justify the method proposed;
anticipating and responding to jurisdictional and service challenges under Part 11, including defects in method or non-compliance with convention requirements;
integrating these rules into SQE1-style multiple-choice problem questions so that you can quickly eliminate distractor options and select the procedurally correct answer.

SQE1 Syllabus

For SQE1, you are required to understand the practical steps and legal rules involved in serving proceedings on a party located outside England and Wales. This includes knowing when court permission is necessary and the criteria for granting it, as well as the main international conventions and CPR provisions governing the methods of service abroad, with a focus on the following syllabus points:

The general requirement for court permission to serve a claim form out of the jurisdiction (CPR 6.36).
The principal grounds upon which permission may be granted (Practice Direction 6B).
The procedure for service under international conventions, particularly the Hague Service Convention.
The alternative methods of service permitted under CPR 6.40 where no convention applies.
The extended time limit for serving a claim form outside the jurisdiction (CPR 7.5).
The concept of deemed service in the context of international service.
Cases where permission is not required, including exclusive jurisdiction agreements under the Hague Choice of Court Convention 2005 and certain statutory heads of jurisdiction (CPR 6.33).
Practical requirements for the application to serve out: evidence, draft order, identification of the PD 6B gateway, and forum conveniens.
Time limits for acknowledgments of service and defence where service is effected outside the jurisdiction (CPR 6.35).

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

Under CPR Part 6, is permission generally required to serve a claim form on a defendant located in France?
1. Yes, always.
2. No, never.
3. Yes, unless an exception applies or a convention dictates otherwise.
4. Only if the claim is valued over £100,000.
Which international convention provides a primary framework for serving judicial documents between signatory states?
1. The Brussels Regulation (recast).
2. The Lugano Convention.
3. The Hague Service Convention.
4. The Vienna Convention.
What is the time limit under the CPR for serving a claim form outside the jurisdiction after it has been issued?
1. 14 days.
2. 28 days.
3. 4 months.
4. 6 months.

Introduction

When a defendant resides or is located outside England and Wales, serving the claim form becomes more complex than domestic service. You cannot simply post the documents; specific procedures must be followed to ensure service is valid under both English law (primarily CPR Part 6) and potentially international law or the law of the foreign country. Failure to effect valid service can undermine the entire claim, preventing the English court from exercising jurisdiction over the foreign defendant. This article examines the key steps: obtaining court permission (where required) and the recognised mechanisms for achieving valid service abroad.

Since the UK’s exit from the EU, the EU Service Regulation no longer governs service from England and Wales into EU Member States for claims issued after 31 December 2020. The principal framework is instead the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965. CPR Part 6 sets out both circumstances where permission is required and exceptions where it is not. The claimant must also consider the rules of the destination state, including any declarations or objections that state has made under the Hague Service Convention.

Key Term: Jurisdiction
The authority of a court to hear and decide a legal case. In this context, it refers to the power of the courts of England and Wales to adjudicate a claim involving a defendant outside these territories.

Establishing the Court's Power to Serve Abroad

Before a claimant can serve a claim form on a defendant outside England and Wales, they must usually establish that the English court has the power to hear the case and, where necessary, obtain permission to serve the proceedings abroad.

When is Permission Required?

CPR 6.36 establishes the general rule: a claimant must obtain permission from the court to serve a claim form out of the jurisdiction. The application is made on notice to the court (typically without notice to the defendant), supported by evidence demonstrating:

the legal basis for the claim,
the applicable PD 6B gateway,
why England and Wales is the forum conveniens, and
that there is a serious issue to be tried on the merits.

There are exceptions where permission is not required. Most notably, CPR 6.33 allows service out without permission where the court has power to determine the claim by virtue of specific instruments or statutory heads of jurisdiction, including an exclusive jurisdiction agreement within the scope of the Hague Choice of Court Convention 2005, and certain consumer and employment claims under the Civil Jurisdiction and Judgments Act 1982. In addition, service in Scotland or Northern Ireland does not require permission (CPR 6.32).

Key Term: Permission to serve out
The court’s authorisation under CPR 6.36–6.37 to serve a claim form outside England and Wales, granted where the claim falls within a PD 6B gateway, raises a serious issue to be tried, and England is the proper forum.

Key Term: PD 6B paragraph 3.1 (Gateways)
A list of connections that justify service out of the jurisdiction, such as contract, tort, injunctions, property, and “necessary or proper party” situations.

As a practical step, when relying on service out without permission (for example due to an exclusive jurisdiction clause), the claimant must complete and file Form N510 (a “service out statement”) indicating the basis on which service out is undertaken.

Key Term: Form N510
The service out statement filed when serving a claim form out of the jurisdiction without permission, identifying the rule or instrument conferring jurisdiction.

Grounds for Granting Permission

To obtain permission, the claimant must satisfy the court that the claim falls within one of the PD 6B gateways. These gateways identify recognised connections between the dispute and England and Wales. Common gateways include:

Contract gateway: where the contract was made within the jurisdiction; made by or through an agent trading or residing here; is governed by English law; is to be performed here; or the breach occurred here.
Tort gateway: where damage was sustained within the jurisdiction; where damage sustained resulted from an act committed in the jurisdiction; or where the harmful event occurred here.
Injunction gateway: for orders requiring the defendant to do or refrain from doing an act within the jurisdiction.
Property gateway: where the claim concerns property situate in England and Wales.
Necessary or proper party gateway: where a claim is properly brought against a defendant within the jurisdiction and another person outside the jurisdiction is a necessary or proper party to that claim.

Key Term: Necessary or proper party
A co-defendant outside the jurisdiction who is suitably joined to a claim properly brought against a defendant within the jurisdiction so that the issues can be resolved in one action.

The Test for Granting Permission

Simply falling within a gateway is not enough. The claimant must also satisfy the court on three cumulative points (CPR 6.37):

There is a serious issue to be tried on the merits.
There is a good arguable case that the claim falls within one of the PD 6B gateways.
England and Wales is the proper place (forum conveniens) in which to bring the claim, considering the availability of foreign courts, location of witnesses and documents, and applicable law.

Key Term: Forum Conveniens
Latin for "appropriate forum". The court considers factors like the convenience of the parties and witnesses, the location of evidence, the applicable law, and enforceability of judgments to decide if England and Wales is the most suitable jurisdiction for the trial, compared to another available foreign court.

The burden is on the claimant to demonstrate that England is clearly the appropriate forum and that service out is justified.

When Permission is Not Required

Permission is not needed if a specific instrument or statute confers jurisdiction and permits service out without permission (CPR 6.33), or if the defendant submits to the jurisdiction (e.g., by filing an acknowledgment of service without disputing jurisdiction). Typical examples include exclusive jurisdiction agreements under the Hague Choice of Court Convention 2005 and certain special heads of jurisdiction (for example in consumer and employment matters).

Key Term: Hague Choice of Court Convention 2005
A treaty giving effect to exclusive jurisdiction clauses between parties in civil and commercial matters, requiring courts of contracting states to hear cases under such clauses and recognise resulting judgments.

Key Term: Part 11 application
The defendant’s procedure to dispute the court’s jurisdiction or argue that the court should not exercise any jurisdiction, made after an acknowledgment of service and within the applicable time limit.

Practical Requirements for Permission Applications

An application for permission to serve out typically includes:

Application notice (N244).
Draft order specifying the method of service proposed and the country of service.
Evidence (witness statement) addressing the PD 6B gateway, serious issue to be tried, forum conveniens factors, and the merits in outline.
Proposed method of service compliant with CPR 6.40 or the Hague Service Convention (if applicable).
A statement of truth verifying the evidence.

The court will decide the application on the papers in most cases. If permission is refused, the claim form will bear a note “not for service outside the jurisdiction”.

Time for Response Where Served Out

Different response times apply when a defendant is served outside the jurisdiction. CPR 6.35 provides longer periods than domestic service for acknowledgments of service and defences, reflecting the practicalities of cross-border litigation. Always check the current table in CPR 6.35 and any order made on permission specifying time for response.

Methods of Service Outside the Jurisdiction

Once permission is obtained (or if it is not required), the claimant must serve the claim form using a method authorised by the CPR and acceptable in the destination country.

The Hague Service Convention

The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 is the primary international instrument that standardises service between signatory states. The UK and all EU Member States are parties, as are many other countries (including the USA, China and Japan).

Key Term: Hague Service Convention
An international treaty that provides standardised methods for serving legal documents between signatory countries, primarily via designated Central Authorities and other permitted channels.

Key Term: Central Authority
An entity designated by each state party to the Hague Service Convention to receive, review, and execute requests for service originating from other member states.

Key features include:

Central Authorities receive requests from abroad and arrange service according to local law.
Model request forms must be used and documents often must be translated into the language required by the receiving state.
The Convention permits several channels of service, including service via the Central Authority and, in some cases, service by postal channels, direct service through competent officials, or diplomatic/consular channels. Whether those alternatives are available depends on the receiving state’s declarations and objections under Articles 8–10.

Service under the Convention is evidenced by a certificate issued by the receiving Central Authority confirming the date, method and result of service.

Key Term: Certificate of service (Hague)
The formal certificate issued by a Central Authority under the Hague Service Convention confirming when and how service was effected or attempted.

Service in EU Member States (Post-Brexit)

Following the UK's departure from the EU, the EU Service Regulation no longer applies to proceedings issued after 31 December 2020. Service in EU countries now generally proceeds under:

The Hague Service Convention, following the receiving state’s declarations (for example, some Member States object to service by post under Article 10(a), while others permit it).
Any bilateral arrangements (limited), or the destination state’s local law where a Convention channel is unavailable.
CPR 6.40, where no convention applies or where permitted methods under a convention fail and local law permits alternative methods.

Always check the receiving state’s declarations on the Hague Conference website to confirm which methods are permitted. Even where a state has not objected to postal service, consider whether that state’s domestic law recognises postal service of foreign proceedings; prudence often favours using the Central Authority route where in doubt.

Service under CPR 6.40 (Where No Convention/Agreement Applies)

If the destination country is not a party to the Hague Service Convention or any other relevant treaty with the UK, CPR 6.40 governs service. Permitted methods include:

Through the government or judicial authorities of the foreign country, if they are willing to serve.
Through the British Consular authority in that country (subject to local law and authorisation).
By a method permitted by the local law of the destination country (for example, service via licensed process servers).
Personal service or delivery to the defendant’s address, but only if allowed by local law.

The court will usually require the claimant to propose a method that respects local law. If service via foreign authorities is contemplated, additional time must be allowed to accommodate the administrative process.

Key Term: CPR 6.40
The rule specifying how service out may be effected where no relevant convention applies or where service should be carried out by foreign authorities, consular channels, or any method permitted by the law of the destination country.

Service in Scotland and Northern Ireland

Service in Scotland or Northern Ireland does not require permission (CPR 6.32), but the service method must comply with CPR Part 6 and any applicable local rules. Procedurally, service can be effected using the normal English methods and is recognised within the UK.

Service by an Alternative Method

If the claimant encounters obstacles serving by the prescribed methods, they can apply for an order permitting service by an alternative method (CPR 6.15 domestically; CPR 6.37(5)(b)(i) in the context of service out). The application must demonstrate a good reason and show the proposed method is reasonably likely to bring the claim form to the defendant’s attention. Alternative methods might include service by email, courier, or service on known legal representatives, subject to local legality.

Key Term: Alternative method of service
A court-authorised method departing from the usual rules where reasonable efforts to serve have failed or where the proposed method is likely to bring proceedings to the defendant’s attention.

Worked Example 1.1

A claimant in England obtains permission to serve a claim form on a defendant company based in New York, USA. The USA is a signatory to the Hague Service Convention. Which primary method should the claimant's solicitor consider using?

Answer:
The solicitor should primarily consider service through the designated Central Authority in the USA under the Hague Service Convention. This involves sending a formal request and the documents to the US Central Authority, which will then arrange for service according to US procedures. Relying on methods under CPR 6.40 would generally be a fallback if Convention service proves impossible or exceptionally difficult.

Worked Example 1.2

A supply contract between an English company and a French company contains an exclusive jurisdiction clause naming the High Court, London. The English company sues for breach and wishes to serve the claim form in France. Is permission required and how should service proceed?

Answer:
Permission is not required if the clause falls within the Hague Choice of Court Convention 2005 and CPR 6.33 applies; the claimant should file Form N510 identifying that basis. Service should then be effected under the Hague Service Convention by sending a request to the French Central Authority, complying with France’s requirements (including translation). If France objects to Article 10 postal service, do not use that method.

Worked Example 1.3

A claimant has a negligence claim against an English “anchor” defendant and wishes to join a second defendant domiciled in Germany who allegedly contributed to the damage. How can the claimant serve the German defendant?

Answer:
The claimant can seek permission to serve out under the “necessary or proper party” gateway. The application must show a serious issue to be tried against both defendants and that England is the forum conveniens. If permission is granted, service should be effected in Germany under the Hague Service Convention through Germany’s Central Authority (Germany objects to Article 10 postal service).

Worked Example 1.4

The claimant served a US defendant by registered post relying on Article 10(a) of the Hague Service Convention, but the US defendant challenges service as invalid. What considerations apply?

Answer:
The USA has not objected to Article 10(a) postal service. However, English law requires that the postal service method is permitted by the receiving state’s law and is appropriate for service of foreign proceedings; case law emphasises caution. Absent clear local approval, safer practice is to use the Central Authority route or obtain an order authorising postal service as an alternative method. The court may regularise defective service if the defendant had actual notice and justice requires, but that outcome is not guaranteed.

Worked Example 1.5

The claimant used the Hague Service Convention to serve in China via the Central Authority, but months pass without a certificate. The six-month service deadline under CPR 7.5(2) is approaching. What should the claimant do?

Answer:
Apply under CPR 7.6 to extend the validity of the claim form before expiry, explaining the steps taken and delays beyond the claimant’s control. Courts commonly extend in such circumstances, particularly where using official channels known to be slow. The application should be prompt and supported by evidence (e.g., correspondence with the Central Authority).

Exam Warning

Always verify the specific service requirements for the destination country. Check if it is party to the Hague Service Convention and whether it has objected to particular methods (for example, service by post). Ensure compliance with local law. Relying on an incorrect method will invalidate service. Do not assume methods permissible in England (like standard first-class post or service by email) are valid abroad without local permission.

Time Limits and Deemed Service

Specific time limits apply to service outside the jurisdiction and the validity of the claim form.

Time Limit for Serving the Claim Form Abroad

CPR 7.5(2) extends the standard 4-month validity period of a claim form. Where a claim form is to be served out of the jurisdiction, it must be served within 6 months of the date of issue. If delay is anticipated (for example due to Hague Service processing times), an application to extend the validity under CPR 7.6 should be issued before the expiry of the six-month period. After expiry, extensions are more difficult and require satisfying stricter conditions (promptness and all reasonable steps taken).

Key Term: Extension of claim form validity
The court’s order under CPR 7.6 extending the time within which a claim form must be served, granted on application, usually made before the initial validity period expires.

Service of the Particulars of Claim

If particulars of claim are not served with the claim form, they must be served within 14 days of service of the claim form, and in any event within the overall six-month validity period from issue (PD 7A). In cross-border cases, it is often preferable to serve particulars together with the claim form to avoid timing complications.

Deemed Date of Service Abroad

Unlike domestic service, there is no single fixed rule for deemed service abroad. Instead:

Under CPR 6.40(3), service through foreign governments, judicial authorities, or consular authorities is deemed effective on the date certified by that authority.
Where service is effected by a method permitted by local law, the deemed date is the date that local law provides.
Under the Hague Service Convention, service is deemed on the date stated in the Central Authority’s certificate.

Key Term: Deemed service
The rule that a document is treated as served on a particular date regardless of actual receipt, determined by CPR Part 6, the Hague Service Convention certificate, or local law in the case of service abroad.

Revision Tip

Given the variability, always confirm the deemed service rules applicable under the specific convention or local law governing the method used. Diarise the 6-month deadline for service carefully and allow for delays in Central Authority processing.

Defendant’s Options and Jurisdiction Challenges

A defendant served out of the jurisdiction may:

Acknowledge service within the longer period provided by CPR 6.35 (different to the domestic 14 days).
Apply under Part 11 to dispute the court’s jurisdiction or argue that the court should not exercise any jurisdiction it may have. This should be done promptly following acknowledgment of service.
Apply to set aside service for non-compliance (for example, wrong method or failure to comply with local law or convention requirements).

Courts will scrutinise the service method closely. If service is set aside, the claimant may apply for alternative service or attempt service again using a compliant route.

Practical Tips for Service Abroad

Determine whether permission is needed. If not, file Form N510 and identify the rule/instrument enabling service without permission.
Select a service method compliant with the Hague Service Convention (if applicable) or CPR 6.40 and the destination country’s law.
Check translation requirements (many Central Authorities require translations into their official language).
Allow sufficient time for Central Authority processing; build in contingencies to apply for extension of validity.
Keep meticulous records (requests, correspondence, tracking) to support any future applications or to defend against jurisdiction challenges.
Consider seeking an order for alternative service where there is evidence the defendant will be alerted by the proposed method and local law does not prohibit it.

Key Point Checklist

This article has covered the following key knowledge points:

Serving a claim form outside England and Wales generally requires the court's permission under CPR 6.36.
Permission requires showing the claim fits a PD 6B gateway and that England is the forum conveniens; there must be a serious issue to be tried.
Exceptions permit service out without permission (CPR 6.33), including exclusive jurisdiction agreements under the Hague Choice of Court Convention 2005 and some statutory heads of jurisdiction.
The method of service depends on whether the destination country is party to the Hague Service Convention and its declarations; otherwise CPR 6.40 applies.
Where no convention applies, service must comply with CPR 6.40 and local law, often involving foreign authorities or consular channels.
Alternative service may be authorised where good reason is shown and the method is likely to bring the claim to the defendant’s attention.
The time limit for serving a claim form abroad is 6 months from the date of issue (CPR 7.5(2)); consider extension applications under CPR 7.6 if official channels are slow.
Deemed service abroad is determined by the relevant certificate (e.g., Hague Central Authority) or local law.
Different response times apply where service is effected outside the jurisdiction (CPR 6.35); check the table and any order specifying time for acknowledgment and defence.
Keep robust evidence of the service process and comply with translation and formalities required by the receiving state.

Key Terms and Concepts

Jurisdiction
PD 6B paragraph 3.1 (Gateways)
Forum Conveniens
Hague Service Convention
Central Authority
Permission to serve out
Form N510
CPR 6.40
Alternative method of service
Hague Choice of Court Convention 2005
Certificate of service (Hague)
Deemed service
Extension of claim form validity
Necessary or proper party
Part 11 application

Commencing a claim - Mechanisms for valid service in another...