Mariusz Szrek & Ors v DIV-ING DOO & Ors

Permission to serve a claim form outside the jurisdiction is granted under CPR 6.36 if grounds in Practice Direction 6B 3.1 apply.

Civil Procedure Rules (CPR) Rule 6.36

For claims in tort, permission is granted if damage was sustained within the jurisdiction (PD 6B 3.1(9)(a)).

Practice Direction 6B 3.1(9)(a)

"Damage" in PD 6B 3.1(9)(a) includes damage which completes a cause of action; pain, suffering, and physical injury suffered sequentially in different jurisdictions can be considered damage sustained within the jurisdiction where the claimant experiences the ongoing consequences.

FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45, §§81, 83

The claimant must show a reasonable prospect of success and that England and Wales is the proper forum (forum conveniens).

CPR Rule 6.37(3), FS Cairo (Nile Plaza) LLC v Brownlie [2021] UKSC 45, §100, Spilianda Maritime Corp v Cansulex Ltd [1987] A.C. 460

An insurer can be a necessary or proper party to a claim (PD 6B 3.1(3)(a) and (b)).

Practice Direction 6B 3.1(3)(a) and (b)

The court may proceed in the absence of a defendant if reasonable steps to notify them of the hearing have been taken (CPR 23.11(1)).

CPR Rule 23.11(1)

An extension of time for service can be granted under CPR 7.6 if good reason exists.

CPR Rule 7.6