1.1

This Practice Direction supplements Section IV (service of the claim form and other documents out of the jurisdiction) of Part 6.

(Practice Direction A supplementing Part 6 contains relevant provisions supplementing rule 6.40 in relation to the method of service on a party in Scotland or Northern Ireland.)

2.1

Where rule 6.34 applies, the claimant must file practice form N510 when filing the claim form.

3.1

The claimant may serve a claim form out of the jurisdiction with the permission of the court under rule 6.36 where –

4.1

The claimant must provide the following documents for each party to be served out of the jurisdiction –

4.2

Some countries require legalisation of the document to be served and some require a formal letter of request which must be signed by the Senior Master. Any queries on this should be addressed to the Foreign Process Section (Room E02) at the Royal Courts of Justice.

5.1

The judicial authorities of certain Commonwealth States which are not a party to the Hague Convention require service to be in accordance with rule 6.42(1)(b)(i) and not 6.42(3). A list of such countries can be obtained from the Foreign Process Section (Room E02) at the Royal Courts of Justice.

5.2

The list of British overseas territories is contained in Schedule 6 to the British Nationality Act 1981. For ease of reference, these are –

6.1

Where rule 6.35(5) applies, the periods within which the defendant must –

will be calculated in accordance with paragraph 6.3, 6.4 or 6.5.

6.2

Where the court grants permission to serve a claim form out of the jurisdiction the court will determine in accordance with paragraph 6.3, 6.4 or 6.5 the periods within which the defendant must –

(Rule 6.37(5)(a) provides that when giving permission to serve a claim form out of the jurisdiction the court will specify the period within which the defendant may respond to the claim form.)

6.3

The period for filing an acknowledgment of service under Part 10 or for filing or serving an admission under Part 14 is the number of days listed in the Table after service of the particulars of claim.

6.4

The period for filing a defence under Part 15 is –

6.5

Under the State Immunity Act 1978, where a State is served, the period permitted under paragraphs 6.3 and 6.4 for filing an acknowledgment of service or defence or for filing or serving an admission does not begin to run until 2 months after the date on which the State is served.

6.6

Where particulars of claim are served out of the jurisdiction any statement as to the period for responding to the claim contained in any of the forms required by rule 7.8 to accompany the particulars of claim must specify the period prescribed under rule 6.35 or by the order permitting service out of the jurisdiction under rule 6.37(5).

7.1

Where an application notice or order is served out of the jurisdiction, the period for responding is 7 days less than the number of days listed in the Table.