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ARTICLE · 25 APRIL 2024

Service Outside The Jurisdiction

Osborne Clarke LLP
Osborne Clarke LLP
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Although claimants get slightly longer to serve claim forms on defendants who are outside the jurisdiction (and have not nominated English solicitors to accept service...

United KingdomLitigation, Mediation & Arbitration

English courts appear to have slightly relaxed the rules on extending time for service out of the jurisdiction in some cases

Although claimants get slightly longer to serve claim forms on defendants who are outside the jurisdiction (and have not nominated English solicitors to accept service on their behalf) – six months rather than four months for service within the jurisdiction – that is sometimes still not enough time.

The general advice is to get on with service as soon as you have issued proceedings in England. However, the courts may be taking a slightly more relaxed approach at the moment.

In Szrek & Ors v Div-Ing DOO & Ors, the Foreign Process Section (FPS) of the English High Court – which deals with service out of the jurisdiction – had advised the claimant that it can take up to five months to serve in Croatia (the defendant's home country) and that all relevant documents have to be translated before sending to Croatia. The judge said that "Taking

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