Cross-border service—application for permission to serve outside England and Wales


Produced in partnership with Ian Meredith of K&L Gates and Louise Bond of K&L Gates
Practice notes

Cross-border service—application for permission to serve outside England and Wales


Produced in partnership with Ian Meredith of K&L Gates and Louise Bond of K&L Gates

Practice notes
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This Practice Note provides assistance when making an application to obtain the courts’ permission to serve the claim form outside the jurisdiction of the English and Welsh courts (referred to as the English courts in this Practice Note). Such an application is generally made without Notice and on the papers. This Practice Note covers the timing of the application, the documentation required to make the application and considerations when completing it. It then sets out the steps that need to be taken if permission is granted.

In practice, the courts almost always grant permission unless there is a very obvious defect with the application. However, it is important to note that:

  1. •

    a failure to comply with the provisions of the CPR, when obtaining permission, may result in the Defendant seeking to set aside the order on the basis that the court has been misled

  2. •

    a failure to provide specific information, may result in the defendant seeking to challenge the court’s jurisdiction

Therefore,

Ian Meredith
Ian Meredith

K&L Gates

Ian is a partner at K&L Gates in London.

Ian's practice focuses on International Commercial Disputes across a range of sectors. He is a CEDR Accredited Mediator, a Fellow of the Chartered Institute of Arbitrators and the coordinator of the firm's International Arbitration Group. His practice encompasses alternative dispute resolution, international arbitration and both domestic and multi-jurisdictional litigation.

Ian has project managed significant disputes involving sums exceeding US$2billion across a range of jurisdictions including Russia, Brazil, Venezuela, Egypt, Italy, Spain, France, BVI, Cayman, Bermuda, Japan, Switzerland, Malta and various states in the US and in Canada. Those disputes have extended across a diverse range of business sectors including power generation, combustion equipment, metals, oil & gas, telecoms, industrial coatings, beverages, finance and investment and sport.

Individual disputes have concerned post-acquisition issues (including completion account and warranty claims), boardroom disputes (including minority shareholder actions), professional negligence (malpractice) claims, commercial trading, trade finance and Bank defence. He has taken disputes through appellate courts and has several reported cases.

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Louise Bond
Louise Bond

Senior Associate, K&L Gates

Louise Bond is a Commercial Disputes associate and routinely works on complex international arbitrations and litigation, with cases in the High Court, Court of Appeal, and Supreme Court. Louise has a broad range of experience across a variety of industries and legal issues, which enables her to bring a open-minded perspective to all the cases she works on. 

Her recent experience covers the aviation, material sciences, sport and gambling, commodities, fine arts, logistics, IT and telecommunications, and construction sectors.

Louise qualified as a solicitor in September 2019, having completed her training contract with the firm in the disputes, corporate, real estate, and asset and corporate finance groups. Her previous experience in key transactional areas of law provides her with a keen awareness of the commercial context in which disputes often arise. 

She also has a keen interest in diversity, inclusion and equality initiatives, and is a member of the D&I Committee in London and the firm-wide Disability Inclusion Task Force. 

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Jurisdiction(s):
United Kingdom
Key definition:
CPR definition
What does CPR mean?

scco Guide defines this as the rules'>civil procedure rules which, supplemented by their practice directions, govern the procedure to be followed in most civil cases brought in the SCCO. The text of the CPR and the practice directions are set out in practitioner’s books such as the Civil Court Practice and may also be found on the justice.gov.uk website.

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