Serious issue to be tried: merits threshold for permission to serve out—principles, evidence and points of law (England and Wales)

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note examines the threshold of a ‘serious issue to be tried’, which must be satisfied to found the jurisdiction of the English courts over a dispute.

That threshold applies only where permission to serve proceedings out of the jurisdiction is sought (or was granted and the defendant now contests jurisdiction).

It does not apply where permission is unnecessary, for instance under CPR 6.32 or CPR 6.33, or under the parallel service regime in the Companies Act 2006, as discussed in Titan Wealth Services Ltd v Tavistock Investments PLC (2025). Although part of that judgment was successfully appealed, the jurisdictional analysis remained intact.

In addition to the serious issue limb, a claimant must demonstrate a good arguable case and that England and Wales is the appropriate forum (forum conveniens).

For further guidance, see Practice Note: Determining whether the courts of England and Wales have jurisdiction.

What is a serious issue to be tried?

A serious issue to be tried requires there to be a substantial question of...

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Web page updated on 21/05/2026

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