Out of Jurisdiction

Trustor AB v Barclays Bank plc and another (TLR 22 November Ch D)

CPR rule 6.19 makes provision for service out of the jurisdiction where the permission of the court is not required either under the Civil Jurisdiction and Judgments Act 1982 or under another enactment. Rule 6.19(3) provides ‘where a claim form is to be served out of the jurisdiction under this rule, it must contain a statement of the grounds on which the claimant is entitled to serve it out of the jurisdiction’. This provision is mandatory and non-compliance is not trifling. However, it does not justify the court in saying that there has been no service at all. Failure to include the statement was at the most an irregularity.