jurisdiction (week 10)

Question 1

Where a claim form is served out of the jurisdiction without the permission of the court, how will the court know on what basis it is alleged that the court has jurisdiction over the foreign defendant?

Answer 1

This is indicated on a form filed when the claim is issued. (form N510 when it is out of jurisdiction)

Question 2

How long does the defendant have to respond to proceedings (with either an acknowledgement of service or a defence) when served out of the jurisdiction?

Answer 2

This varies, depending primarily on the country in which service takes place.

Question 3

when a claim form has been validly issued, what is the period for service of the claim form when it is outside the jurisdiction?

Answer 3

period for service is 6 months

Question 4

when must proceedings be commenced to be under Hague convention?

Answer 4

on or after 1st January 2021

Question 5

what type of parties does The Hague convention apply to?

Answer 5

commercial parties

Question 6

when does The Hague convention apply?

Answer 6

• matter is civil or commercial matter
• not excluded from Hague convention
• clause in contract grants jurisdiction to contracting state (and exclusively that state)
• agreement evidenced in writing