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1.1 |
CPR Part 7 provides that when particulars of claim are served on a defendant they must be accompanied by --
| (a) | a form for defending the claim;
| | (b) | a form for admitting the claim; and
| | (c) | a form for acknowledging service.
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1.2 |
In addition, the particulars of claim must be accompanied by the complete Response Pack. The Response Pack must clearly state the appropriate period for responding to the claim form, as specified in this Practice Direction, and accordingly both Form N9 and Form N1C and other relevant forms must be amended.
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1.3 |
Where the claim form is to be served in a place or country listed in the table below in accordance with paragraph 6.4, the particulars of claim, if not included in it, must accompany the claim form.
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1.4 |
Where a claim form is served out of the jurisdiction without permission under Schedule 1, RSC O.11 r.1(2), it must include a certificate that the court has power under the Civil Jurisdiction and Judgments Act 1982Acts to hear the claim, and that no proceedings involving the same issues are pending between the parties in the courts of any part of the United Kingdom or any other Convention territory as specified in RSC O.11, r.1(2)(a)(i).
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1.5 |
The usual form of words of the certificate will be:
"We certify that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982Acts to hear this claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by section 1(3) of the Act."
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1.6 |
The usual form of words of the certificate where the proceedings begun by the claim form are proccedings to which Article 16 of Schedule 1, 3C or 4 to that Act refers will be:
"We certify that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982Acts, the claim having as its object rights in rem in immovable property or tenancies in immovable property (or otherwise in accordance with the provisions of Article 16 of Schedule 1, 3C or 4 to that Act) to which Article 16 of Schedule 1, 3C or 4 to that Act applies, to hear the claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by Section 1(3) of the Act."
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1.7 |
The usual form of words of the certificate where the defendant is a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1, 3C or 4 to that Act applies will be:
"We certify that the High Court of England and Wales has power under the Civil Jurisdiction and Judgments Act 1982Acts, the defendant being a party to an agreement conferring jurisdiction to which Article 17 of Schedule 1, 3C or 4 to that Act applies, to hear the claim and that no proceedings are pending between the parties in Scotland, Northern Ireland or another Convention territory of any contracting state as defined by Section 1(3) of the Act."
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1.8 |
If a certificate under paragraph 1.4 is omitted, the issued claim form will be marked, "Not for service out of the jurisdiction."
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2.1 |
The claimant must file the following documents for each person to be served --
| (1) | a request for service of the claim form by one of the methods under O. 11, rr. 5 and 6 or for service --
| (a) | under any order for service by an alternative method,
| | (b) | in accordance with the law of the country in which service is to be effected,
| | (c) | in a country which is a party to the Hague Convention of 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters1 in accordance with the provisions of that Convention,
| | (d) | in a country in respect of which there subsists a civil procedure convention (other than the Hague Convention) in accordance with the provisions of such a convention,
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| | (2) | a sealed original of the claim form and accompanying documents,
| | (3) | a duplicate copy of the claim form and accompanying documents,
| | (4) | copies of the particulars of claim (see paragraph 1.3 above),
| | (5) | the response pack amended as necessary (see paragraph 1.2 above),
| | (6) | any translation required under RSC Order 11 rule 6(5) and paragraph 3.3, in duplicate;
and
| | (7) | a statement by the person making any translation that it is a correct translation, as required by RSC Order 11, rule 6(6), in duplicate.
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2.2 |
| (1) | Care should be taken to ensure that the method of service requested under paragraph 2.1(1) is a method recognized in the country in which service is to be effected.
| | (2) | Service in the countries listed in RSC O. 11, r. 6(1) should be effected by the claimant or his agent direct.
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2.3 |
The request for service must include an undertaking under RSC Order 11, rule 8 by the person making the request --
| (1) | to be responsible for all expenses incurred by the Foreign and Commonwealth Office, and
| | (2) | to pay those expenses to the Foreign and Commonwealth Office on being informed of the amount.
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2.4 |
RSC Order 11 rule 7(1) sets out the documents to be filed where a claimant wishes to serve the claim form on a State. The additional documents listed in paragraph 2.1 must also be filed in such cases.
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2.5 |
Where the claimant files the documents specified, he must obtain a sealed copy and an ordinary copy and take them to the Foreign Process Office.
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2.6 |
In certain countries the documents filed will require legalisation. The Foreign Process Office (Rm. E219, The Royal Courts of Justice) will advise as to particular cases.
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6.1 |
Where the permission of the court is required, under RSC Order 11, rule 4, for a claim form to be served out of the jurisdiction, Rule 4(4) requires the order granting permission to specify the period within which the defendant may respond to the claim form.
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6.2 |
RSC Order 11, rule 1A sets out period for filing an acknowledgment of service or filing or serving an admission where a claim form has been served out of the jurisdiction without permission under rule 1(2). 6.3. RSC Order 11, rule 1B sets out the period for filing a defence where a claim form has been served out of the jurisdiction without permission under Rule 1(2).
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6.4 |
The table below specifies the periods for responding to a claim form which has been served out of the jurisdiction without permission-
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6.5 |
Where an order grants permission to serve a claim form out of the jurisdiction under RSC Order 11, rule 1(1), the periods within which the defendant may-
| (1) | file an acknowledgment of service in accordance with CPR Part 10,
| | (2) | file or serve an admission in accordance with CPR Part 14, and
| | (3) | file a defence in accordance with CPR Part 15,
which, in accordance with RSC Order 11, rule 4(4), are required to be specified in the order will be calculated having regard to the table below.
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