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out of jurisdiction serving of papers

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  • out of jurisdiction serving of papers

    Helping a mate in England with a small claims against a company registered in Scotland. Completed N1 and N510 (for jurisdiction).

    Court has issued the case along with a letter stating that CPR 6.4b only refers to general services by post within England & Wales and does not apply to foreign process (Scotland is now foreign).

    Does he now post the Notice of Issue and a copy of the Claim Form by recorded delivery to the defendant within the 6 month required period? thanks.
    Tags: None

  • #2
    You will need to apply for permission to serve the claim form out of the jurisdiction: CPR 6.36
    https://www.justice.gov.uk/courts/pr...es/part06#6.36

    This assumes that CPR6.34 has not been followed.
    https://www.justice.gov.uk/courts/pr...es/part06#6.34

    CPR Practice Direction 6B covers service out of the jurisdiction.
    https://www.justice.gov.uk/courts/pr...t06/pd_part06b
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      It occurs to me that the above may not be the information you seek. CPR 6.3 sets out methods of service. CPR6.35 the extended time limits when serving a defendant in Scotland.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment

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