Service out of the Jurisdiction in UK Law

Leading Cases
  • 1) Albert John Martin Abela and Others (Respondents/Claimants) v Ahmad Baadarani
    • Supreme Court
    • 26 Junio 2013

    This characterisation of the jurisdiction to allow service out is traditional, and was originally based on the notion that the service of proceedings abroad was an assertion of sovereign power over the Defendant and a corresponding interference with the sovereignty of the state in which process was served. The decision is generally a pragmatic one in the interests of the efficient conduct of litigation in an appropriate forum.

  • AK Investment CJSC v Kyrgyz Mobil Tel Ltd
    • Privy Council
    • 10 Marzo 2011

    First, the claimant must satisfy the court that in relation to the foreign defendant there is a serious issue to be tried on the merits, i.e. a substantial question of fact or law, or both. Third, the claimant must satisfy the court that in all the circumstances the Isle of Man is clearly or distinctly the appropriate forum for the trial of the dispute, and that in all the circumstances the court ought to exercise its discretion to permit service of the proceedings out of the jurisdiction.

  • Amin Rasheed Shipping Corporation v Kuwait Insurance Company
    • House of Lords
    • 07 Julio 1983

    The intention must be to impose upon the plaintiff the burden of showing good reasons why service of a writ, calling for appearance before an English court, should, in the circumstances, be permitted upon a foreign defendant. In considering this question the court must take into account the nature of the dispute, the legal and practical issues involved, such questions as local knowledge, availability of witnesses and their evidence and expense.

  • VTB Capital Plc v Nutritek International Corporation
    • Court of Appeal (Civil Division)
    • 20 Junio 2012

    Secondly, the claimant must satisfy the court that there is a good arguable case that the claim against the foreign defendant falls within one or more of the classes of case for which leave to serve out of the jurisdiction may be given.

  • Vitkovice Horni A Hutni Tezirstvo v Korner
    • House of Lords
    • 20 Junio 1951

    That Rule, which applies equally to an application under any of the heads of Rule 1, provides that "every application for leave to serve such writ or notice on a defendant out of the jurisdiction shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has a good cause of action … and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or Judge that the case is a proper one for service out of the jurisdiction under this order."

  • Leal v Dunlop Bio-Processes International Ltd
    • Court of Appeal (Civil Division)
    • 13 Febrero 1984

    I share the opinion of Lord Justice Slade that if it is wrong to allow the plaintiff to continue these statute-barred proceedings by extending the validity of his writ under O. 6 r.8 to enable the plaintiff to apply to issue a concurrent writ for service out of the jurisdiction under O. 6 r.6, it must be wrong to allow him to continue them by giving him leave to serve it out of the jurisdiction under O. 11 r.1.

  • Cecil & others v Ehsanollah Bayat & others
    • Court of Appeal (Civil Division)
    • 11 Mayo 2011

    Because service out of the jurisdiction without the consent of the State in which service is to be effected is an interference with the sovereignty of that state, service on a party to the Hague Convention by an alternative method under CPR 6.15 should be regarded as exceptional, to be permitted in special circumstances only.

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  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ... ... the said Courts against Defendants, whether in or out of the Jurisdiction of the Courts, be it enacted as follows: S-II ... Personal Actions how ... Plaintiff's Attorney claims for the Costs of such Writ, Copy, and Service, and Attendance to receive Debt and Costs, and it shall be further stated ... ...
  • Supreme Court of Judicature Act 1873
    • UK Non-devolved
    • 1 de Enero de 1873
    ... ... to the Appellate Division of such Supreme Court of the Jurisdiction of the Judicial Committee of Her Majesty's Privy Council ... [5th ... Service as a Judge in the High Court of Justice, or in the Court of Appeal, shall, ... ...
  • Supreme Court of Judicature Act 1875
    • UK Non-devolved
    • 1 de Enero de 1875
    ... ... judgment, decree, or order of any Court or Judge whose jurisdiction is by the principal Act transferred to the High Court of Justice or the ... of the principal Act, with this addition, that, in reckoning service for the purposes of his pension, his service as a Judge of the High Court ... ...
  • Rules of the Supreme Court (Revision) 1965
    • UK Non-devolved
    • 1 de Enero de 1965
    ... ... 9. Petitions: general provisions ... 10. Service of originating process: general provisions ... 11. Service of process, etc. out of the jurisdiction ... 12. Entry of appearance to writ or originating summons ... 13 ... ...
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Books & Journal Articles
    • Vol. 27 No. 2, August 2022
    • Art Antiquity & Law
    • Herman, Alexander
    ...Qatar Investment and Project Development Holding Co. and His Highness Sheikh Hamad Bin Abdullah Al Thani v. Phoenix Ancient Art S.A. (1) In the October 2021 issue of this journal, we discussed the decision of the High Court not to allow the extensio......
  • Table of Statutory Instruments
    • Contents
    • A Practitioner's Guide to Probate Disputes - 2nd edition
    • Nasreen Pearce
    • 31-34
    ... ... Pt 6 – Service of Documents 217, 218 rr 6.17–6.31 217 rr 6.32, 6.33 130 r 6.35 130, 218 ... PD6B – Service out of the Jurisdiction 130, 218 Pt 7 – How to Start Proceedings – the Claim Form 129, 215 Pt ... ...
  • Quarterly Summary
    • No. 20-1, January 1956
    • Journal of Criminal Law, The
    ... ... that it is important to remember that the supervisory jurisdiction of the High Court, exercised originally by way of a writ of ... for committal may issue, there being no possibility of service out of the jurisdiction, undertakings of this nature are rendered ... ...
  • Table of Statutory Instruments
    • Contents
    • Saggerson on Travel Law and Litigation - 7th Edition
    • Matthew Chapman/Sarah Prager/Jack Harding/Dominique Smith/Thomas Yarrow/Henk Soede
    • 53-62
    ... ... ) 12.71 regs 5, 6 12.71 regs 10, 11 12.71 reg 14 12.71 Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019 ... (SI 2019/479) ... Pt 6 – Service of Documents 6.138, 9.18 r 6.9 9.15 r 6.32 9.16, 9.17 r 6.33 9.16, 9.17 ... ...
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