OpenLegislation

Article 3

Original text. Later amendments are not shown.

Order 6, rule 7 shall be amended by substituting for paragraph (1), the following new paragraph:—

“(1)

No writ which is to be served out of the jurisdiction shall be issued without the leave of the court unless it complies with the following conditions, that is to say—

(a)

each claim made by the writ is either—

(i)

one which by virtue of the Civil Jurisdiction and Judgments Act 1982 the Court has power to hear and determine, or

(ii)

one which by virtue of any other enactment the Court has power to hear and determine notwithstanding that the person against whom the claim is made is not within the jurisdiction of the Court or that the wrongful act, neglect or default giving rise to the claim did not take place within its jurisdiction;

and

(b)

where a claim made by the writ in one which the Court has power to hear and determine by virtue of the Civil Jurisdiction and Judgments Act 1982, the writ is indorsed before it is issued with a statement that the Court has power under that Act to hear and determine the claim, and that no proceedings involving the same cause of action are pending between the parties in Scotland, Northern Ireland or another Convention territory.”.