Commencing a claim - Service of a claim form outside the jur...

Learning Outcomes

This article explains the core principles and procedures for serving a claim form on a defendant located outside the jurisdiction of England and Wales. You will learn when court permission is required for service out, the grounds on which permission may be granted, the different methods of service abroad, and the relevant time limits. This knowledge is critical for handling cross-border disputes effectively in practice.

You will also be able to identify and apply the jurisdictional gateways in Practice Direction 6B (PD 6B), assess whether England and Wales is the proper forum to bring the claim, select an appropriate method of service compliant with CPR 6.40 and the Hague Service Convention, and avoid common pitfalls such as invalid service or missed time limits. Particular emphasis is placed on post‑Brexit changes, the role of the Hague Service Convention, and procedural steps including the use of Form N510 where permission is not required.

SQE1 Syllabus

For SQE1, you are required to understand the rules and procedures for serving a claim form outside the jurisdiction under CPR Part 6, with a focus on the following syllabus points:

• Procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction.
• Deemed dates of service and time limits for serving proceedings.
• Service by an alternative method.
• PD 6B jurisdictional gateways and the tests under CPR 6.37 for permission to serve out.
• Post‑Brexit reliance on the Hague Service Convention and practical use of central authorities and permitted postal channels.
• Time limits and extensions (CPR 7.5 and CPR 7.6) for serving out, and response timeframes (CPR 6.35).
• Practical requirements when permission is not needed (e.g., exclusive jurisdiction clauses and Form N510).
• Proof of service and certificates under the Hague Service Convention.

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.

1. What is the standard time limit for serving a claim form on a defendant located outside England and Wales?
   1. 2 months from the date of issue
   2. 4 months from the date of issue
   3. 6 months from the date of issue
   4. 12 months from the date of issue
2. Under CPR Part 6, in which of the following circumstances is permission NOT usually required to serve a claim form out of the jurisdiction?
   1. The claim is based on a contract made within the jurisdiction.
   2. The claim is against a defendant domiciled in Scotland.
   3. The claim involves a tort where the damage occurred abroad but the defendant is English.
   4. The claimant wishes to serve proceedings by email on a defendant in France.
3. Which convention often governs the service of judicial documents between signatory states, including the UK and many EU countries post-Brexit?
   1. The Brussels Regulation (Recast)
   2. The Lugano Convention
   3. The Hague Service Convention
   4. The Rome I Regulation

Introduction

When a defendant is located outside England and Wales, the process of serving the claim form becomes more complex than domestic service. The Civil Procedure Rules (CPR), primarily Part 6, govern service out of the jurisdiction. These rules establish when a claimant may serve proceedings abroad and whether the court's permission is needed beforehand. Ensuring correct service is essential, as improper service can invalidate the proceedings or lead to challenges regarding the court's jurisdiction.

The overriding objective informs all procedural decisions: parties must deal with cases justly and at proportionate cost. In cross‑border matters, selecting the proper forum and a compliant service route is fundamental to avoiding wasted costs and delays.

Key Term: Jurisdiction
The territory over which a court has legal authority. 'Service out of the jurisdiction' refers to serving court documents on a party located outside England and Wales.

Key Term: Claim Form
The formal court document that commences legal proceedings against a defendant located outside the jurisdiction.

Permission to Serve Out of the Jurisdiction

The general rule under CPR Part 6 is that a claimant must obtain the court's permission to serve a claim form outside the jurisdiction. However, there are important exceptions.

When Permission is Required

Permission is typically required unless the case falls into one of the specific exceptions outlined in the CPR (discussed below). To grant permission, the court must be satisfied on three points (CPR 6.37):

1. Jurisdictional Gateway: There is a good arguable case that the claim falls within one of the specific grounds (or 'gateways') listed in Practice Direction 6B (PD 6B). These gateways cover various scenarios, such as contracts made or breached within the jurisdiction, or torts committed or damage suffered within the jurisdiction. Common gateways include:

   • Contract claims where the contract is governed by English law, made in England and Wales, or contains substantial acts of performance in England and Wales.
   • Tort claims where damage was sustained within England and Wales or results from acts committed here.
   • Claims concerning property within the jurisdiction, trusts governed by English law, declarations as to status, and various restitution and equitable claims.
   • Claims to enforce judgments or orders, and certain claims relating to arbitration and jurisdiction agreements.

   A “good arguable case” means the claimant can show a plausible and coherent basis for the gateway relied upon; it is not the full merits assessment, but the court will look at the pleaded facts and evidence to ensure the gateway is engaged.

2. Reasonable Prospect of Success: The claimant must show that the claim has a reasonable prospect of success on its merits. This threshold is akin to resisting summary judgment: the claim must be more than fanciful.

3. Proper Place: England and Wales must be the proper place (or forum conveniens) in which to bring the claim. The court considers factors like the convenience of the parties and witnesses, the governing law, where the key events occurred, and whether another forum is clearly more appropriate. The analysis is practical and seeks the forum in which the case can most suitably be tried in the interests of all parties and the ends of justice.

If the court is satisfied on all three limbs, it may grant permission for service out. The application is generally made without notice and supported by evidence (including draft claim form and particulars, and a witness statement explaining the gateway, merits, and forum factors).

Key Term: Permission to Serve Out
An order from the court allowing the claimant to formally serve the claim form on a defendant who is outside England and Wales.

When Permission is NOT Required (CPR 6.33)

Permission is not required to serve a claim form out of the jurisdiction in the following circumstances:

1. UK Service: Service on a defendant in Scotland or Northern Ireland (CPR 6.32).
2. Contract Cases: Where the contract contains a term providing that the court shall have jurisdiction to determine any claim brought in respect of the contract (CPR 6.33(2)(b)(i)). In practice, where there is an exclusive jurisdiction clause in favour of the English courts, the claim form may be served out without permission. The claimant must complete and file Form N510 to identify the ground relied upon.
3. Exclusive Jurisdiction Agreements: Where the parties have agreed in writing that the court has exclusive jurisdiction (CPR 6.33(2)(b)(iii)). Exclusive jurisdiction clauses and the Hague Choice of Court Agreements Convention 2005 may assist recognition and enforcement internationally; for service, CPR 6.33 permits proceeding without permission.
4. Consumer/Employment Contracts: Certain claims relating to consumer or employment contracts where specific conditions are met and the English court is designated or has jurisdiction under applicable rules.
5. Specific Torts: Where the claim is in tort and damage was sustained, or resulted from an act committed, within the jurisdiction (subject to conditions regarding the defendant’s location and connection).
6. Enforcement: Claims relating to the enforcement of judgments (for example, to register or enforce an English order abroad) where the court has power to determine the claim.

Even where permission is not required, the claimant must still use an approved method of service for the foreign state and comply with procedural requirements, including any translation obligations, certificate of service, and Form N510 (where applicable).

Worked Example 1.1

A company based in England enters into a contract with a supplier based in Italy. The contract states that any disputes will be governed by English law and subject to the exclusive jurisdiction of the English courts. The English company wishes to sue the Italian supplier for breach of contract. Does the English company need permission to serve the claim form in Italy?

Answer:
No. Permission is not required because the contract contains a clause giving the English courts exclusive jurisdiction (CPR 6.33(2)(b)(iii)). The claimant should file Form N510 confirming the ground relied upon and then effect service using a valid method for Italy (e.g., via the Italian Central Authority under the Hague Service Convention).

Post-Brexit Considerations

Before Brexit, service within EU member states was governed by specific EU regulations (like the Service Regulation), often meaning permission was not required. Post-Brexit (after 31 December 2020), these regulations generally no longer apply to the UK. Service in EU countries now primarily relies on:

1. The Hague Service Convention 1965: This international treaty provides methods for service between signatory states (which include the UK and all EU member states). It establishes a uniform route via designated Central Authorities, and also permits certain alternative channels—such as competent officials or postal channels—where the destination state has not objected.
2. Common Law Rules/CPR Part 6: Where the Hague Convention doesn't apply or isn't used, the CPR Part 6 rules regarding permission and methods of service apply.

This means permission is more likely to be required for service in EU countries than pre-Brexit, unless an exception under CPR 6.33 applies (e.g., an exclusive jurisdiction clause). Additionally, UK membership of the Lugano Convention has not resumed as at 2025; jurisdiction and enforcement are largely governed by domestic private international law and applicable Hague instruments.

Exam Warning

Do not assume pre-Brexit rules for service in the EU still apply. Post-Brexit, the default position often requires court permission unless a specific CPR exception is met. The Hague Service Convention is now a key mechanism.

Methods of Service Outside the Jurisdiction

Once permission is granted (or if it is not required), the claim form must be served using a valid method under CPR Part 6, Section IV. The permitted methods depend on the country where service is to take place and whether that country is a party to the Hague Service Convention.

Service Through Foreign Governments, Judicial Authorities, or British Consular Authorities (CPR 6.42)

For many countries, service must be effected through official channels, often involving:

• Sending the documents to the Senior Judicial Officer of the King’s Bench Division (for High Court claims) or the court office/district judge (for County Court claims), depending on the route used, for onward transmittal.
• The English court authority then transmits the documents to the relevant foreign authority (e.g., a foreign court, central authority under a convention, or British consular authority) for service according to local law.
• This route aligns with Hague Service Convention procedures when the destination state requires use of its Central Authority.

This method is well‑recognised and provides a formal certificate of service, but it can be slower due to administrative steps and local law formalities.

Service Permitted by the Law of the Foreign Country (CPR 6.40(3)(c))

Service can be effected by any method permitted by the law of the country in which it is to be served. This often requires instruction of local agents or lawyers (e.g., a local huissier in France, Gerichtsvollzieher in Germany where permitted, or an authorised process server). If the foreign state’s law allows personal service or service by court officer, that may be used.

This route can be efficient where the local procedure is straightforward, but it requires careful checking of local rules, any need for translations, and evidence of service acceptable to the English court.

Hague Service Convention

If serving in a country that is a party to the Hague Service Convention, the claimant can use the procedures set out in the Convention. This typically involves:

• Preparing the claim form and accompanying documents, together with the Hague Service Request (Model Form) and any required translations.
• Sending the documents via the designated Central Authority in the destination state; that authority arranges service in accordance with local law and returns a certificate confirming service or explaining why service was not possible.
• Considering alternative permitted channels under Article 10 (e.g., postal channels or direct service through competent officials) only if the destination state has not objected to those channels. Some states object to postal service; others permit it. Always check the latest declarations for the destination state.

Key Term: Hague Service Convention
An international treaty establishing standardised procedures for serving judicial and extrajudicial documents between signatory states.

Service by an Alternative Method (CPR 6.15 / CPR 6.27)

If traditional methods are impractical, the claimant can apply to the court for an order permitting service by an alternative method or at an alternative place (e.g., via email, social media, service on English solicitors authorised to accept service, or on an agent within the jurisdiction). The court will require a good reason and evidence that the proposed method is likely to bring the claim form to the defendant’s attention. For service out, the court will consider foreign law and international comity; it may decline methods that would conflict with the destination state’s law or treaty obligations.

Worked Example 1.2

A claimant issues a claim form on 10th March. The defendant is based in the USA. The claimant obtains permission to serve out on 1st April. What is the latest date the claimant must complete the step required for service?

Answer:
The claimant must complete the relevant step for service (e.g., dispatching the documents to the US Central Authority under the Hague Convention or arranging service by a method permitted by US law) by midnight on 10th September (six months from the date of issue, 10th March).

Worked Example 1.3

A claimant wishes to serve a claim form in Germany. They consider using postal service under Article 10 of the Hague Service Convention. Is postal service available, and what should be checked?

Answer:
Many Hague states permit postal service under Article 10, but some object. Germany has historically objected to service by postal channels under Article 10. The claimant should check Germany’s current declarations to the Convention and, if postal service is objected to, use the Central Authority route or another permitted method under CPR 6.40, ensuring translations and formalities are satisfied.

Worked Example 1.4

The defendant, based in Canada, has no known address but is active on a verified corporate email and LinkedIn. Can the claimant seek alternative service via email or LinkedIn?

Answer:
Yes, the claimant can apply under CPR 6.15 for alternative service out (e.g., via email or LinkedIn messaging), showing good reason and evidence that the method will likely bring the claim form to the defendant’s attention. The court will consider foreign law and whether the method respects comity. If satisfied, the court may permit alternative service (and specify any conditions such as additional postal attempts or public posting).

Time Limits for Service

As mentioned in the previous article on issuing proceedings, the standard time limit for serving a claim form is four months from the date of issue. However, where the claim form is to be served out of the jurisdiction, this period is extended to six months (CPR 7.5(2)).

Calculating the Period

The six-month period runs from the date the claim form was issued by the court. The claimant must complete the required step for the chosen method of service before midnight on the calendar day six months after the issue date. This step is method‑specific (e.g., posting, delivery to a central authority, completing transmission) and does not necessarily require actual receipt by the defendant at that point.

Extension of Time

If the claimant cannot effect service within the six-month period despite making reasonable efforts, they can apply to the court under CPR 7.6 for an extension of time. Best practice is to apply before the six‑month period expires. Post‑expiry applications are scrutinised closely and will only be granted in limited circumstances, such as where the court has failed to serve the claim form or the claimant has taken all reasonable steps to serve but has been unable to do so and has acted promptly. Reliance on slow foreign processes (e.g., a central authority backlog) may be a good reason, but the court expects diligence and proactive management.

Deemed Date of Service

The rules for the deemed date of service are more complex when service is outside the jurisdiction and depend heavily on the country and method of service used (CPR 6.37(17) and PD 6B para 6.1). Domestic deeming rules (e.g., CPR 6.14 and 6.26) do not automatically apply to service out. Under the Hague Service Convention, service is generally evidenced by the certificate returned by the destination state’s Central Authority; the date on that certificate will typically be treated as the date of service. Where service is effected by a local method permitted by foreign law, local rules may determine when service is complete.

Because the response times run from actual service, accurately identifying the service date from foreign certificates or local proof is essential.

Response Timeframes When Served Out (CPR 6.35)

When a claim form is served out of the jurisdiction, the period for filing an acknowledgment of service and defence is longer than domestic deadlines and varies by destination under CPR 6.35 and the guidance table in PD 6B. In many cases:

• The defendant has 21 days from service to file an acknowledgment of service.
• If an acknowledgment of service is filed, the defence is due within a further period (commonly 14 days thereafter), but some destinations carry longer overall periods.
• Always refer to CPR 6.35 and PD 6B’s table for the specific country; time limits are jurisdiction‑specific.

Worked Example 1.5

A claim form is served via the French Central Authority under the Hague Service Convention. A certificate states service was effected on 2nd June. By when should the defendant ordinarily file an acknowledgment of service?

Answer:
CPR 6.35 generally provides 21 days after service to acknowledge where the claim form is served out of the jurisdiction. Using the certificate’s date of service (2nd June), the acknowledgment of service would ordinarily be due by 23rd June. Check PD 6B’s table to confirm any country‑specific variations.

Worked Example 1.6

A claimant issued on 1st February and relied on the Italian Central Authority for service under the Hague Service Convention. Delays mean the certificate has not arrived by 25th July. What should the claimant do?

Answer:
Apply under CPR 7.6 for an extension before expiry of the six‑month period (1st August), explaining the steps taken, the chosen method (Hague Central Authority), and why service has not yet been effected. The court is more likely to grant an extension where the claimant acted diligently and the delay is due to foreign processing time.

Revision Tip

Remember the key distinction: 4 months for service within the jurisdiction, 6 months for service outside. Always calculate from the date the claim form was issued. For response deadlines, use CPR 6.35 and PD 6B’s table for the specific destination.

Practical and Procedural Points

• Translations: Many states require translations into an official language. Check the destination state's Hague declarations or local law. Provide certified translations where required; failure to do so can invalidate service.
• Form N510: Where permission is not required (e.g., exclusive jurisdiction clause), file the notice identifying the ground relied upon (Form N510) with the claim form.
• Proof of Service: Retain certificates and evidence of service. Under the Hague Service Convention, the Central Authority issues a certificate confirming service or non-service—this is important for establishing timelines and addressing any dispute about service.
• Local Agents: Using local lawyers or agents can expedite service permitted by local law (CPR 6.40(3)(c)) and ensure compliance with local proof requirements.
• Alternative Service: If conventional methods fail or are impractical, consider an application under CPR 6.15/6.27 with persuasive evidence that the alternative method will bring the claim form to the defendant's attention. The court will ensure the method is consistent with international comity and foreign law.
• Forum and Jurisdiction Challenges: A defendant may dispute jurisdiction (CPR Part 11). Properly evidenced, compliant service strengthens the claimant’s position on a jurisdiction challenge. Conversely, non‑compliant service risks setting aside of service and dismissal or stay of proceedings.

Key Point Checklist

This article has covered the following key knowledge points:

• Serving a claim form outside England and Wales generally requires court permission under CPR Part 6, unless specific exceptions apply (e.g., service in Scotland/NI, exclusive jurisdiction clauses).
• To grant permission, the court checks for a jurisdictional gateway (PD 6B), a reasonable prospect of success, and that England/Wales is the proper forum.
• Post-Brexit, service in EU countries often requires permission and typically uses the Hague Service Convention or other methods under CPR Part 6.
• Methods of service abroad include official channels (foreign governments/courts), methods permitted by local law, the Hague Service Convention, or alternative methods approved by the court.
• The time limit for serving a claim form out of the jurisdiction is six months from the date of issue. Extensions may be granted if there is good reason and the claimant has acted diligently.
• Deemed service for service out depends on the method and country; Hague certificates generally evidence service dates. Response times (CPR 6.35) vary by destination.
• Practical compliance (translations, proof, Form N510, and local law checks) is essential to avoid challenges and delay.

Key Terms and Concepts

• Jurisdiction
• Claim Form
• Permission to Serve Out
• Hague Service Convention