SQE 1 – Dispute Resolution Commencing Proceedings Practice Test

Post-Brexit, for service within the EU after 1 January 2021, which statement is correct?

Permission from the court to serve in an EU country is always required No permission is required if the claim was made before 1 January 2021 No permission is needed if the contract contains an English jurisdiction clause Both the claim was made before 1 January 2021 and the contract contains an English jurisdiction clause

Correct Answer:

Both the claim was made before 1 January 2021 and the contract contains an English jurisdiction clause

Explanation:

After Brexit, you don’t automatically have a right to serve a claim in another EU member state. The general rule is that you must obtain permission from the English court to serve out of the jurisdiction. The only scenario where you can avoid that extra step is when two conditions are all met at once: the claim was issued before 1 January 2021, and the contract contains an English jurisdiction clause. In that narrow case, the pre-Brexit service framework can be used for service within the EU without a separate court order, because it fits the transitional arrangements preserved for those older proceedings. If either condition isn’t met, you’ll typically need the court’s permission to serve in the EU, or you’d rely on other routes such as the Hague service conventions.

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