ENGLAND & WALES Law and Practice Contributed by: Damian Taylor, Olga Ladrowska, Christy Conlon and Nathan Barrow, Slaughter and May
However, in certain circumstances, such as where the claimant could not reasonably have discovered their right to bring a claim due to fraud or deliberate con- cealment by the defendant, the commencement of the limitation period begins when the claimant becomes aware of the fraud or concealment, or when they rea- sonably could have become aware of it. The limitation period stops running when the claim form issuing pro- ceedings is received by the court. Litigants may also be able to suspend or extend a limitation period by agreeing a standstill agreement. 3.3 Jurisdictional Requirements for a Defendant Generally, civil or commercial proceedings initiated after 31 December 2020 are subject either to the com- mon law rules or to the rules set out in the Hague Convention on Choice of Court Agreements 2005. For proceedings issued before that date (which marked the end of the transition period under the UK’s with- drawal from the EU), the courts apply the rules set out in the Recast Brussels Regulation. Under the Recast Brussels Regulation, the court gen- erally has jurisdiction over defendants domiciled in England and Wales. The court also has jurisdiction in circumstances where there is an exclusive jurisdic- tion agreement in favour of England and Wales, or if a close connection can be demonstrated between the defendant or the dispute and England and Wales. Under the common law rules, the court has jurisdic- tion if: • the claim form is validly served on the defendant whilst it is physically present in England and Wales; • the defendant voluntarily submits to the jurisdiction of the courts of England and Wales; • the defendant is served outside the jurisdiction and falls within one of the specific situations where the court’s permission is not required (eg, the claim relates to a contract containing a jurisdiction clause in favour of the courts of England and Wales); or • the court gives permission for service out of the jurisdiction under one of the jurisdictional “gate- ways” specified in the Civil Procedure Rules, which usually necessitates evidencing a connection between the defendant or the dispute and England
and Wales, and satisfying the court that England and Wales is the appropriate forum for the claim. Under the common law rules, the court has discretion to refuse to exercise its jurisdiction if it considers there is another more appropriate forum for the dispute to be heard. In addition, the UK is a party to the Hague Convention on Choice of Court Agreements 2005, which requires contracting states to give effect to exclusive juris- diction agreements designating the courts of other contracting states, and to recognise and enforce any resulting judgments. 3.4 Initial Complaint Court proceedings are commenced when the court issues a claim form at the claimant’s request. The claim form typically includes the names and address- es of the litigants, a concise statement of the nature of the claim, and the remedy sought by the claimant. More detailed particulars of claim must either be con- tained in the claim form or set out in a separate docu- ment. A court fee is also payable to issue proceed- ings, the amount of which depends on the value of the claim. The claim form/particulars of claim may be amended at any time before they are served on any other par- ty. After service takes place, the documents can be amended only with the written consent of all the other litigants or the permission of the court. 3.5 Rules of Service The Civil Procedure Rules set out the rules of service in England and Wales. The defendant is formally noti- fied of proceedings by the claim form and particulars of claim being served on it. The claim form must be served on a defendant in England and Wales within four months of its issuance. Particulars of claim should be served with the claim form or within 14 days after service of the claim form. The claimant may apply to the court for an order to extend the timeframe for the service of the claim form. A claim form can be served by either the court or the claimant, either personally on the defendant, through the defendant’s solicitor, at the
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