CA-2025-001079 & CA-2025-002078 - [2025] EWCA Civ 1262

Fecha: 07-Oct-2025

serve a copy of that notice with the claim form

(b)

serve a copy of that notice with the claim form.

(2)

Where the claimant fails to file with the claim form a copy of the notice referred to in paragraph (1)(a), the claim form may only be served –

(a)

once the claimant files the notice; or

(b)

if the court gives permission.”

11.

The relevant form that comprises this notice is Form N510. It is an important document because it provides the basis for a claimant’s assertion that the UK courts have jurisdiction. In National Navigation Co v Endesa Generacion SA (The Wadi Sudr) [2009] EWHC 196 (Comm) at [72(vi)] Gloster J said about the forerunner to Form N510:

“It is very important…that solicitors issuing proceedings take particular care to ensure that they have a reasonable basis for their belief, and that the facts supporting it are stated in a transparent fashion in the claim form…It is therefore vitally important: (a) the jurisdiction is not wrongly asserted without reasonable belief; and (b) the grounds are clearly stated so that a jurisdictional challenge can, if necessary, be speedily and easily made.”

12.

The service of a claim form within the jurisdiction is the subject of rule 7.5(1). That sets out the various methods of service and the applicable time limits (generally 4 months). Rule 7.5(2) is concerned with service out of the jurisdiction. It provides as follows:

“(2)
Where the claim form is to be served out of the jurisdiction, the claim form must be served in accordance with Section IV of Part 6 within 6 months of the date of issue.”

13.

Rule 7.6 is concerned with extensions of time for serving a claim form. It is in the following terms:

“(1)
The claimant may apply for an order extending the period for compliance with rule 7.5.
(2)
The general rule is that an application to extend the time for compliance with rule 7.5 must be made –