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THE ADMIRALTY & COMMERCIAL COURTS GUIDE 2006
Appendix 15
Service Out of the Jurisdiction: Related Practice
 
Service out of the jurisdiction without permission
1.   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. Where each claim in the claim form is a claim which the Court has by virtue of the Civil Jurisdiction and Judgments Act 1982Acts power to hear and determine, service of the claim form out of the jurisdiction may be effected without permission provided that the requirements of rule 6.19 are satisfied and the claim form is endorsed before issue with a statement that the court has power under the Act to hear and determine the claim against the defendant, and that no proceedings involving the same claim are pending between the parties in Scotland, Northern Ireland or another convention country. Care must be taken to see that the endorsement is not made unless the statement is accurate.
Application for permission: affidavit or witness statement
2.  
(a)   On applications for permission under rule 6.20 the written evidence must, amongst other things:
  
(i)   identify the paragraph or paragraphs of rule 6.20 relied on as giving the court jurisdiction to order service out, together with a summary of the facts relied on as bringing the case within each such paragraph;
(ii)   state the belief of the deponent that there is a good claim and state in what place or country the defendant is or probably may be found;
(iii)   summarise 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;
(iv)   draw attention to any features which might reasonably be thought to weigh against the making of the order sought;
(v)   state the deponent's grounds of belief and sources of information;
(vi)   exhibit copies of the documents referred to and any other significant documents.
(b)   Where convenient the written evidence should be included in the form of application notice, rather than in a separate witness statement. The form of application notice may be extended for this purpose.
Application for permission: copies of draft order
3.   The documents submitted with the application must include two copies of a draft of the order sought which must state the time allowed for acknowledgment of service in accordance with any applicable practice direction and paragraphs 6 and 7 below.
Application for permission: copy or draft of claim form
4.   A copy or draft of the claim form which the applicant intends to issue and serve must be provided for the judge to initial. If the endorsement to the claim form includes causes of action or claims not covered by the grounds on which permission to serve out of the jurisdiction can properly be granted, permission will be refused unless the draft is amended to restrict it to proper claims. Where the application is for the issue of a concurrent claim form, the documents submitted must also include a copy of the original claim form.
Arbitration matters
5.   Service out of the jurisdiction in arbitration matters is governed by Part 62. As to the 1968 Convention on Jurisdiction in the context of arbitration, see Article 1(4).
Practice under rules 6.19 and 6.20
6.  
(a)   Although a Part 7 claim form may contain or be accompanied by particulars of claim, there is no need for it to do so and in many cases particulars of claim will be served after the claim form: rule 58.5.
(b)   A defendant should acknowledge service in every case: rule 58.6(1).
(c)   The period for filing acknowledgment of service will be calculated from the service of the claim form, whether or not particulars of claim are to follow: rule 58.6.
(d)   The period for serving, and filing, particulars of claim (where they were not contained in the claim form and did not accompany the claim form) will be calculated from acknowledgment of service: rule 58.5(1)(c).
(e)   The period for serving and filing the defence will be calculated from service of the particulars of claim: rule 58.10(2).
7.   Time for serving and filing a defence is calculated as follows:
  
(i)   where particulars of claim were included in or accompanied the claim form the period for serving and filing a defence is 21 or 31 days as prescribed by rule 6.23, or the number of days shown in the table in practice direction 6BPD, in either case plus an additional 14 days;
(ii)   where particulars of claim were not included in and did not accompany the claim form, the period for serving and filing a defence is 28 days from the service of the particulars of claim.