7.3 Service of court process out of jurisdiction in specified proceedings
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(1) The court may set aside service of a court process if the proceedings are not listed in this rule.
FEATURES WHICH MAY ARISE IN ANY TYPE OF CLAIM
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(2) Court process may be served out of the jurisdiction if a claim is made —
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(a) against someone on whom the court process has been or will be served, and —
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(i) there is between the claimant and that person a real issue which it is reasonable for the court to try; and
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(ii) the claimant now wishes to serve the court process on another person who is outside the jurisdiction and who is a necessary or proper party to process;
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(b) for an injunction ordering the defendant to do or refrain from doing some act within the jurisdiction; or
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(c) for a remedy against a person domiciled or ordinarily resident within the jurisdiction.
CLAIMS ABOUT CONTRACTS
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(3) Court process may be served out of the jurisdiction if —
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(a) a claim is made in respect of a breach of contract committed within the jurisdiction;
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(b) a claim is made in respect of a contract where the contract —
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(i) contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract,
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(ii) is by its terms or by implication governed by the law of any Member State or Territory,
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(iii) was made by or through an agent trading or residing within the jurisdiction, or
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(iv) was made within the jurisdiction; or
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(c) the claim is for a declaration that no contract exists, where, if the contract did exist, it would fulfil one or more of the conditions in subparagraph (b).
CLAIMS IN TORT
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(4) Court process may be served out of the jurisdiction if a claim in tort is made and the act causing the damage was committed within the jurisdiction or the damage was sustained within the jurisdiction.
ENFORCEMENT
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(5) Court process may be served out of the jurisdiction if a claim is made to enforce any judgment or arbitral award which was made by a foreign court or tribunal and is amenable to be enforced in the jurisdiction.
CLAIMS ABOUT PROPERTY WITHIN THE JURISDICTION
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(6) Court process may be served out of the jurisdiction if the whole subject matter of a claim relates to property within the jurisdiction.
CLAIMS ABOUT COMPANIES
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(7) Court process may be served out of the jurisdiction if the subject matter of a claim relates to —
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(a) the constitution, administration, management or conduct of the affairs;
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(b) the ownership or control; or
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(c) the insolvency,
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of a company incorporated within the jurisdiction.
CLAIMS ABOUT TRUSTS
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(8) Court process may be served out of the jurisdiction if —
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(a) a claim is made for a remedy against the defendant as constructive trustee and the defendant's alleged liability arises out of acts committed within the jurisdiction;
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(b) a claim is made —
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(i) for any remedy which might be obtained in proceedings for the administration of the estate of, or
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(ii) in probate proceedings as defined in Part 68 relating to, a person who died domiciled within the jurisdiction; or
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(c) a claim is made for any remedy which might be obtained in proceedings to execute the trust of a written instrument and the —
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(i) trusts ought to be executed according to the law of any Member State or Territory, and
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(ii) person on whom the claim is to be served is a trustee of the trusts.
CLAIMS OF RESTITUTION
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(9) Court process may be served out of the jurisdiction if a claim is made for restitution where the defendant's alleged liability arises out of acts committed within the jurisdiction or out of acts which, wherever committed, were to the detriment of a person domiciled within the jurisdiction.
CLAIMS UNDER AN ENACTMENT CONFERRING JURISDICTION ON THE COURT
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(10) Court process may be served out of the jurisdiction if a claim is made under an enactment where, by virtue of an enactment, the court has power to hear and determine any claim or proceeding.
RELIEF IN AID OF FOREIGN PROCEEDINGS
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(11) Court process may be served out of the jurisdiction if an application is made for interim relief where proceedings have been or are about to be commenced in a foreign jurisdiction.
CLAIMS FOR COSTS ORDERS AGAINST A NON-PARTY
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(12) Court process may be served out of the jurisdiction if a claim is made by a party to proceedings for an order that the court exercise its power to make a costs order against a person who is not a party to those proceedings.