It is often the case that individuals may wish to pursue a claim, however, have doubts whether any action can be taken when a potential defendant resides outside the UK. This doubt can be to a claimant’s detriment as it may deter them from issuing proceedings and thus pursuing the claim further.
Claimant’s are, however, able to issue proceedings against an individual domiciled outside of the UK, so long as the following requirements are met.
Pursuing a claim against someone who resides outside the UK
Jurisdiction
Before a claim can be brought against a non-UK resident, it must be confirmed that the England and Wales Court have the requisite jurisdiction to deal with the particular case. This effectively means that the Court has authority to deal with the type of claim which the claimant intends to pursue.
Rules surrounding jurisdiction are extremely complicated and turn entirely on the circumstances, type of law and location of the parties in a particular dispute. Should you have any concerns relating to a dispute with an international element to it, it is essential that you seek advice on jurisdiction as soon as possible.
Permission to serve
Once the claimant is satisfied that the Courts of England and Wales have jurisdiction to begin the formal claim, the claimant must issue and serve a claim form on the defendant. Where the defendant resides outside the UK, there are a number of steps which should be followed to ensure service is formally complete.
Depending on what the claim is and where the defendant resides, permission may be required from the Court to serve notice on a defendant outside of the UK.
CPR Rule 6.33 sets out when permission is not required to serve a claim form on a defendant who resides outside the UK. This rule confirms when the Court has power to decide on and enforce a claim against a defendant in an included country. Definitions of which claims and which countries apply are detailed within the rule and legislation referred to within this.
If permission is necessary as a result of Rules 6.32 and 6.33 not applying, Rule 6.36 applies and a claimant must apply to the Court to obtain permission to serve a claim out of the jurisdiction. Rule 6.37 provides guidelines as to when permission would be granted and generally this will be when the Court believes there is a genuine claim being made. This is no indication as to whether the Court believe such a claim will be successful.
How to serve
If permission is granted, the claimant must then follow the rules as to how service is required to be carried out. The Court may give directions on this, but in the absence of this, Rules 6.40-6.47 will apply.
Service will vary depending on the claim and country and can range from use of the Senior Master to service through the specific country’s government. Service forms will also have to be translated when serving on a defendant where the native language of the country in question is not English.
Timings
When serving documents on a defendant in another jurisdiction, the normal time limits to file acknowledgements of service and defences will usually be extended. The Court may again give directions in relation to this, otherwise specific legislation for the type of claim must be considered alongside Rule 6.35.
How Nelsons can help
Stuart Parris is a Trainee Solicitor at Nelsons.
If you have any disputes against a defendant who resides outside the UK and require assistance in pursuing such a claim, please contact our expert Dispute Resolution team in Derby, Leicester and Nottingham on 0800 024 1976 or via our online form.