OpenLegislation

Rule 6.32 Service of the claim form where the permission of the court is not required - Scotland and Northern IrelandF1

(1)

The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under the 1982 Act and—

(a)

no proceedings between the parties concerning the same claim are pending in the courts of any other part of the United Kingdom; and

(b)
(i)

the defendant is domiciled in the United Kingdom;

(ii)

the proceedings are within paragraph 11 of Schedule 4 to the 1982 Act; or

(iii)

the defendant is a party to an agreement conferring jurisdiction, within paragraph 12 of Schedule 4 to the 1982 Act.

(2)

The claimant may serve the claim form on a defendant in Scotland or Northern Ireland where each claim made against the defendant to be served and included in the claim form is a claim which the court has power to determine under any enactment other than the 1982 Act notwithstanding that—

(a)

the person against whom the claim is made is not within the jurisdiction; or

(b)

the facts giving rise to the claim did not occur within the jurisdiction.

Annotations

Textual amendments

F1

Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1

Notes on Part 6

Textual amendments

F2

Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Pt. 6 Table of Contents substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(ii)

F4

Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(b)(i) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(b)(ii) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Pt. 6 Table of Contents inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(iii)

F7

Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(c) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Pt. 6 Table of Contents inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(v)

F9

Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(d) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)

C2

Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122

C3

Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263

C4

Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262

C5

Pt. 6 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 234-238 (with rule 5)

C6

Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 168 (with rules 3, 208)

C7

Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 171 (with rules 3, 208)

C8

Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 172 (with rules 3, 210)

C9

Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 170(1) (with rules 3, 210)

C10

Pt. 6 applied (with modifications) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1 (with rule 3(3), Sch. 2)

C11

Pt. 6 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rule 1, Sch. 2 para. 1 (with rule 1.2)

C12

Pt. 6 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 170(5) (with rules 4(1), 156)

C13

Pt. 6 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 196-200 (with rule 5)

C14

Pt. 6 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 158 (with rule 2)