Service out of the jurisdiction: CPR PD 6B gateway 11—claims to property in England and Wales: scope, ‘wholly or principally’ test, patents/FRAND, shares, debts, Moçambique proviso
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Practice notes
This Practice Note examines the jurisdictional service gateway, or ground and basis, for service contained in CPR PD 6B, para 3.1(11), which addresses claims concerning property located within the jurisdiction. It should also be read alongside Practice Note: Cross-border service—jurisdictional gateways (principles).
Claims about property within the jurisdiction—gateway 11
Gateway 11 (CPR PD 6B, para 3.1(11)) states expressly that the subject matter of the claim must relate wholly or principally to property within the jurisdiction, and nothing in this paragraph makes justiciable the title to, or the right to possession of, immovable property that is situated outside England and Wales.
When construing the language used in gateway 11 and its practical application, helpful guidance can be found both in the Gateways for Service out of the Jurisdiction Final report 4 June 2015 (Final Report 2015) and in the authorities, as explored below.
The meaning of the wording ‘a claim’
The expression ‘a claim’ was considered by the Court of Appeal in Vestel Elektronik Sanayi Ve Ticaret AS v Access Advance LLC (formerly HEVC Advance LLC) (2021), also on an obiter basis, where Birss LJ understood it as a reference to a legal claim, i.e. a claim ‘concerning a legal...
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Web page updated on 21/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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