Thread: Help Needed (scottish courts)

This may be of interest to you.

Application for permission to serve claim form out of jurisdiction 6.21 (1)An application for permission under rule 6.20 must be supported by written evidence stating –
(a)the grounds on which the application is made and the paragraph or paragraphs of rule 6.20 relied on;
(b)that the claimant believes that his claim has a reasonable prospect of success; and
(c)the defendant’s address or, if not known, in what place or country the defendant is, or is likely, to be found.
(2)Where the application is made in respect of a claim referred to in rule 6.20(3), the written evidence must also state the grounds on which the witness believes that there is between the claimant and the person on whom the claim form has been, or will be served, a real issue which it is reasonable for the court to try.
(2A)The court will not give permission unless satisfied that England and Wales is the proper place in which to bring the claim.
(3)Where –
(a)the application is for permission to serve a claim form in Scotland or Northern Ireland; and
(b)it appears to the court that the claimant may also be entitled to a remedy there, the court, in deciding whether to give permission, shall –
(i)compare the cost and convenience of proceeding there or in the jurisdiction; and
(ii)(where relevant) have regard to the powers and jurisdiction of the Sheriff court in Scotland or the county courts or courts of summary jurisdiction in Northern Ireland.
(4)An order giving permission to serve a claim form out of the jurisdiction must specify the periods within which the defendant may –
(a)file an acknowledgment of service;
(b)file or serve an admission; and
(c)file a defence.
(Part 11 sets out the procedure by which a defendant may dispute the court’s jurisdiction)

(The second practice direction to this Part sets out how the periods referred to in paragraphs (a), (b) and (c) are calculated.)

Period for acknowledging service or admitting the claim where the claim form is served out of the jurisdiction under rule 6.19 6.22 (1)This rule sets out the period for filing an acknowledgment of service or filing or serving an admission where a claim form has been served out of the jurisdiction under rule 6.19.
(Part 10 contains rules about the acknowledgment of service and Part 14 contains rules about admissions)
(2)If the claim form is to be served under rule 6.19(1) or (1A) in Scotland, Northern Ireland or in the European territory of another Contracting State or Regulation State the period is –
(a)where the defendant is served with a claim form which states that particulars of claim are to follow, 21 days after the service of the particulars of claim; and
(b)in any other case, 21 days after service of the claim form.
(3)If the claim form is to be served under rule 6.19(1) in any other territory of a Contracting State the period is –
(a)where the defendant is served with a claim form which states that particulars of claim are to follow, 31 days after the service of the particulars of claim; and
(b)in any other case, 31 days after service of the claim form.
(4)If the claim form is to be served under –
(a)rule 6.19(1) or (1A) in a country not referred to in paragraphs (2) or (3); or
(b)rule 6.19(2),

the period is set out in the relevant practice direction.