UK Law and Practice Contributed by: Simon Bushell and Gareth Keillor, Seladore Legal
tion. To do so, they will need to (broadly) show that: • there is a serious issue to be tried; • one or more of the “jurisdictional gateways” is satisfied; and • England is the proper and appropriate forum for the claim. These gateways provide the English courts with jurisdiction over foreign defendants where the subject matter of the dispute is sufficiently con - nected to England or Wales. The most common gateways for fraud claims are that: • the claim relates partly or wholly to property within the jurisdiction; • the claim involves a contract governed by English law or a jurisdiction clause in favour of England and Wales; • the harmful act or the harm suffered occurred in England and Wales; and/or • an international co-defendant is “necessary and proper party” to proceedings in England and Wales against other defendants over whom there is jurisdiction (eg, due to a juris - diction clause or due to their domicile). It is open to a foreign party who has been joined to challenge jurisdiction, including on the grounds of forum non conveniens (ie, that Eng - land and Wales is not the appropriate venue for a particular claim, and that a more appropriate forum exists elsewhere). 4.2 Service of Proceedings out of the Jurisdiction The procedure for serving parties out of the juris - diction is discussed in 4.1 Joining Overseas Par - ties to Fraud Claims. In summary, the claimant will need to show that:
• there is a serious issue to be tried; • one or more of the “jurisdictional gateways” is satisfied; and • England is the proper and appropriate forum for the claim. Having established that they are permitted to serve on a party out of the jurisdiction, the claim - ant must provide service using one of the follow - ing methods: • under an international multilateral service convention, such as the Hague Service Convention, or a bilateral service agreement between the UK and another state; • if permitted under the relevant foreign law, through the government or judicial authority of a foreign state or through a UK consular authority located in that jurisdiction; • by any method permitted by the law of the relevant foreign state; and • on a foreign state through the UK’s Foreign Ministry (FCDO). The claimant may also apply to the English court for permission to serve a party out of the jurisdic - tion via alternative means. This can be a useful tool when the prescribed method of service is problematic (for example, because an address cannot be found or because service is being evaded). When determining whether to grant alternative service on a foreign-located party, the court will consider: • whether there is a good reason to do so, tak - ing into account all the circumstances; • whether the alternative means will ensure that the document is brought to the other party’s attention; • how quickly the application has been made; and
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