Cross-Border Litigation: Challenges in Issuing and Serving Claims from England

England remains a popular jurisdiction for resolving commercial disputes, thanks to its well-established legal system, impartial judiciary, and enforceable judgments. However, for international disputes, initiating proceedings in England and serving documents abroad can present a number of procedural and practical hurdles. This article outlines the key challenges and considerations when issuing a claim in England and serving it outside the jurisdiction.

Issuing a Claim in England: Jurisdictional Gateways and Initial Hurdles

Before a claim can be served abroad, it must first be properly issued in England. This involves filing a claim form and, where necessary, the particulars of the claim, along with payment of the appropriate court fee. While this process is relatively straightforward for domestic disputes, international claims require careful consideration of jurisdiction.

Under the Civil Procedure Rules (CPR), the English courts must be satisfied that they have jurisdiction to hear the claim. This typically involves demonstrating that England is the appropriate forum for the dispute. The claimant must also consider whether the defendant is domiciled in a country that is party to the Hague Convention or another relevant treaty.

Common challenges at this stage include:

1. Establishing jurisdiction under CPR Part 6, particularly where multiple jurisdictions may be involved.
2. Defendants arguing that another jurisdiction is more appropriate
3. Limitation periods, which may be shorter or more complex in cross-border disputes.

Early legal advice is essential to ensure that the claim is properly framed and that jurisdictional issues are addressed from the outset.

Permission to Serve Outside the Jurisdiction: Navigating CPR 6.36 and 6.37

Once a claim is issued, the next step is to obtain permission to serve it outside England and Wales. This is governed by CPR 6.36 and 6.37, which require the claimant to satisfy three key conditions:

1. A jurisdictional gateway under Practice Direction 6B.
2. England is the proper forum for the dispute
3. A reasonable prospect of success in the claim.

The jurisdictional gateways under PD 6B include scenarios such as breach of contract within the jurisdiction, torts committed in England, or claims concerning English property or trusts. However, satisfying these gateways often requires detailed evidence and legal argument.

Practical difficulties include:

1. Preparing a robust application supported by witness statements and legal submissions.
2. Delays and costs associated with obtaining permission, particularly in complex cases.
3. Risk of challenge by the defendant, who may seek to set aside service or contest jurisdiction.

The court will scscrutinizehether England is truly the appropriate forum, especially where the dispute has strong connections to another country. This makes it vital to present a clear and compelling case for English jurisdiction.

Serving Abroad: Procedural Complexities and Local Compliance

Once permission is granted, the claimant must serve the claim form and supporting documents in accordance with the rules applicable in the foreign jurisdiction. This is often the most time-consuming and technically challenging part of the process.

There are several methods of service:

1. Hague Service Convention: Where applicable, service is effected through the designated central authority in the foreign country.
2. Bilateral treaties: Some countries have specific agreements with the UK governing service.
3. Service via foreign courts or diplomatic channels: In certain jurisdictions, service must be carried out through local judicial or consular authorities.

Each method has its own procedural requirements, and failure to comply can result in service being deemed invalid. Common issues include:

1. Extended timeframes: Service under the Hague Convention can take several months.
2. Translation requirements: Documents may need to be translated into the local language.
3. Local procedural rules: These must be followed precisely to avoid challenges.

Improper service can have serious consequences, including the claim being struck out or enforcement being denied. It is therefore essential to work with local counsel or agents familiar with the relevant procedures.

Tactical Delays in Service: A Common Challenge

In cross-border disputes, it is not uncommon for defendants located outside England and Wales to exploit procedural complexities to delay or frustrate service.

These tactics can include:

1. Refusing to acknowledge receipt of documents, even when service is attempted through recognised channels.
2. Relocating or obscuring their address, making it difficult to identify the correct entity or location for service.
3. Challenging the method or validity of service, often on technical grounds under local law.
4. Delaying cooperation with local authorities, particularly in jurisdictions where service must be effected through a central authority or court.

Such behaviour can significantly slow down the litigation process, increase costs, and in some cases, lead to applications to extend time limits or re-serve documents. For claimants, this underscores the importance of preparing for resistance and ensuring that service is carried out in strict compliance with both English and foreign procedural rules.

Strategic Considerations for International Clients

For international clients considering litigation in England, strategic planning is key. Some practical steps include:

1. Obtaining early legal advice to assess jurisdictional and procedural risks.
2. Engaging local counsel in the foreign jurisdiction to assist with service and compliance.
3. Considering alternatives to litigation, such as arbitration or mediation, which may offer more flexible cross-border enforcement options.

In some cases, settlement negotiations or pre-action correspondence may resolve the dispute without the need for formal proceedings. Where litigation is necessary, a well-prepared strategy can mitigate delays and costs.

Conclusion: Expert Guidance for Cross-Border Litigation

Issuing and serving claims from England to foreign jurisdictions involves a complex interplay of domestic rules, international treaties, and local procedures. For international clients, these challenges can be daunting—but with the right legal support, they are manageable.

At Lincoln & Rowe, we specialise in cross-border commercial disputes and have extensive experience navigating the procedural and strategic issues involved. Whether you are considering litigation in England or responding to a claim, our team can provide clear, practical advice tailored to your situation.

At Lincoln & Rowe, we understand the importance of helping our clients keep their businesses running smoothly. As well as in-depth commercial expertise, we provide excellent service to our clients and practical advice and guidance.

We have wide-ranging experience in litigation and corporate law and were named as winners of the Global 100 for Best Firm for Commercial Disputes of the Year 2025 and Gamechangers Global Awards for Commercial Litigation Law Firm of the Year in the United Kingdom 2025.

If you would like to talk to one of our expert legal team members about any queries you may have, contact the author, Dipesh Dosani, or call the team today on 020 3968 6030, and we’ll be happy to help.

The above information is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights or legal advice about what action to take, please contact a legal advisor.