SERVICE OUT OF THE JURISDICTION UNDER THE 1998 ACT, COUNCIL REGULATION (EC) No 44/2001 OR THE LUGANO CONVENTION
1. Notwithstanding the provisions of Order 13, service of a Civil Bill or notice thereof out of the jurisdiction is permissible without the leave of the Court if it complies with the following conditions:
the Court has power to hear and determine; and
(ii) no proceedings between the parties concerning the same cause of action is pending between the parties in another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned; and
(b) the proceedings commenced by the Civil Bill are proceedings to which the provisions of (I) Article 16 of the 1968 Convention or (II) Article 22 of Council Regulation (EC) No 44/2001 or (III) Article 22 of the Lugano Convention, concerning exclusive jurisdiction, apply, or
(c) the defendant or other party to be served is a party to an agreement conferring jurisdiction to which the provisions of (I) Article 17 of the 1968 Convention or (II) Article 23 of Council Regulation (EC) No 44/2001 or (III) Article 23 of the Lugano Convention, concerning prorogation of jurisdiction, apply.
(a) in accordance with Order 14B, or
(b) where service is effected in a state which is party to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on the 15 November 1965, but which is not a Member State of the European Union in which the Regulation referred to in Order 14B, rule 1 is in force, by a method permitted in accordance with that Convention, or
(e) where a defendant is present within the jurisdiction, personally on that defendant in accordance with Order 11, rule 6, or
(f) on a solicitor who has undertaken to accept service, in accordance with Order 11, rule 10.
4. Where a Civil Bill or notice thereof is to be served out of the State under rule 1, the time to be inserted therein within which the person to be served shall enter an appearance shall be—
(i) five weeks where a Civil Bill or notice thereof is to be served in the European territory of another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned, or
(ii) six weeks where a Civil Bill or notice thereof is to be served in any non-European territory of another Member State of the European Union or, as the case may be, Contracting State of the Convention concerned.
The time for entering an appearance provided in Order 15, rule 2 shall be modified accordingly.
5. (1) Where a person served desires to contest the jurisdiction of the Court to hear and determine the claim under the provisions of the 1968 Convention, Council Regulation (EC) No 44/2001 or the Lugano Convention, he may enter an appearance solely for the purpose of contesting jurisdiction, in the Form 5A.
(2) Any person who desires to contest jurisdiction shall deliver a Defence stating that he contests the jurisdiction of the Court, under the provisions of the 1968 Convention, Council Regulation (EC) No 44/2001 or, as the case may be, the Lugano Convention and shall set out therein the grounds upon which jurisdiction is contested. In such cases the appearance which has been entered shall be deemed for the purposes of Article 18 of the 1968 Convention or Article 24 of either Council Regulation (EC) No 44/2001 or the Lugano Convention to have been entered solely to contest jurisdiction, notwithstanding anything pleaded in the Defence which may go to the merits of the claim.
(3) Where a Defence has been delivered in which jurisdiction is contested, any party to the proceedings may apply to the Court by motion on notice grounded upon affidavit for determination of the question of jurisdiction as a preliminary issue, or the matter may be set down for trial. The Judge may determine the question of jurisdiction on affidavit, or may direct the trial of an issue, with or without pleadings, as he may see fit, and may give such direction in relation thereto as he may see fit.
(4) Any person who desires to contest jurisdiction in proceedings in which there is no provision in these Rules for the delivery of a Defence, shall at the soonest opportunity apply to the Court on fourteen days’ notice to the other party or parties for an order declining jurisdiction and the Judge may determine the question of jurisdiction on affidavit, or may direct the trial of a preliminary issue, with or without pleadings, or may direct that the question of jurisdiction be determined at the hearing of the substantive matter, as he may see fit, and may give such directions in relation thereto as he may see fit.
6. Where a person served with a Civil Bill outside the State pursuant to rule 1 has entered an Appearance, the time within which a Defence should be delivered by him shall be 28 days from the date of entry of his Appearance, or where an application has been brought for an order declining jurisdiction in accordance with rule 5, the time shall be 28 days from the date of determination of that application, unless the Court otherwise orders.
7. While the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters annexed to Council Decision No 2005/790/EC of 20 September 2005 (OJ L 299/61 of 16 November 2005) signed at Brussels on 19 October 2005 and approved on behalf of the European Community by Council Decision No 2006/325/EC of 27 April 2006 (OJ L 120/22 of 5 May 2006) is for the time being in force, notwithstanding any other provision of these Rules to the contrary, the provisions of these Rules which relate to Regulation No 44/2001 shall apply in relation to the Kingdom of Denmark, to the extent permitted, and subject to any modifications made necessary, by that Agreement, and the provisions of these Rules which relate to the 1968 Convention shall not apply.