Serving a Claim Form Out of the Jurisdiction - Post Brexit

Introduction

This course examines the methods of service of a claim form issued in the courts of England or Wales on defendants outside the jurisdiction now that EU regulations no longer apply.

The ability of a claimant to issue and serve a claim form outside England and Wales will usually require prior permission to be granted by the court, although in a limited number of situations this is not necessary.

With the end of the Brexit transition period on 31 December 2020 significant changes have occurred to the practice serving a claim form abroad. We explain the latest position and what it means for litigation practitioners involved in disputes before English or Welsh courts with a non-domestic party.

What You Will Learn

This live and interactive session will cover the following:

• When permission to serve a claim form abroad is needed in 2021
• Amendments to CPR 6.30 to 6.45 resulting from Brexit
• Hague Convention cases (such as Punjab National Bank (International) Bank v Vishal Cruises (Private) Limited)
• The significance of “anchor defendants” and evidence “shedding light” on information known when permission was given (Satfinance Investment Limited v Philbrick)
• Attacking permission on the grounds of material non-disclosure (Punjab National Bank (International) Limited v Srinivasan)
• When a method of alternative service will be permitted: the Supreme Court’s decision in Abela v Baadarani, highlighted in Cavadore Limited v Jawa

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.