Out of Jurisdiction
The County Court has powers under the Civil Jurisdiction and Judgments Act 1982 to hear claims outside England and Wales if the defendant is domiciled in the United Kingdom.
You can claim against defendants resident in Scotland, Northern Ireland and the Isle of Man as long as there are no other proceedings pending between the parties in the courts of any other part of the United Kingdom.
How do you file a claim that requires serving out of jurisdiction?
If you are serving a claim form on a defendant where the permission of the court is not required for service we can do so under Civil Procedure Rules 6.32 or 6.33.
- file with the claim form a notice containing a statement of the grounds on which you are entitled to serve the claim form out of the jurisdiction; and
- serve a copy of that notice with the claim form.
What period is the defendant allowed for filing an acknowledgment of service of the claim form where permission is not required for service?
Where the claimant serves on a defendant in Scotland or Northern Ireland under rule 6.32, the period for filing an acknowledgment of service or admission is 21 days after service of the particulars of claim.
What period is the defendant allowed for filing a defence of the claim form where permission is not required for service?
the period for filing a defence is 21 days after service of the particulars of claim.
What is the period the defendant is allowed where an acknowledgment of service has been filed and a defence is to be file where permission is not required for service?
the period for filing both the acknowledgment of service and the defence is 35 days after service of the particulars of claim.
Can I serve a claim out of jurisdiction and file further particulars and evidence later?
Particulars of claim that cannot be contained in or served with the claim form can be served separately on the defendant as long as they are served within 14 days after service of the claim form.