(1) A claim form under rule 72.2 (1), (g) or (u) other than a claim form in rem may be served out of the jurisdiction with the permission of the court if —
(a) the defendant's habitual residence or place of business is within the jurisdiction;
(b) the facts out of which the claim arises took place within the waters or within the limits of a port of a Member State or Territory; or
(c) a claim arising out of the same incident or series of incidents is proceeding in the court or has been heard and determined in the court.
(2) An application to serve a claim form out of the jurisdiction must be made in accordance with rule 7.4.
(3) In this rule, “port” includes a place and a harbour.