Jurisdiction(s):
United Kingdom

Service out of jurisdiction: failure to file Form N510 requires CPR 7.6 extension, not CPR 3.9 relief—Court of Appeal (England and Wales) in Robertson v Google

Published on: 09 October 2025

Published by a LexisNexis Dispute Resolution expert

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Article summary

Robertson v Google [2025] EWCA Civ 1262

What are the practical implications of this case?

The Court of Appeal underscored that effective service of the claim form is fundamental, as it anchors the court’s jurisdiction in the matter and ensures the defendant knows of the claim and its character. Proper service is not a mere technicality but the means by which the proceedings are communicated to the other party.

Form N510 and permission to serve

The claimant’s difficulties stemmed from failing to act with promptness when seeking to serve the claim form out of the jurisdiction, leaving him facing the six‑month deadline in CPR 7.5(2). Although the attempted service of the claim form occurred within time, service of the claim form following the filing of Form N510 fell outside the permitted period. Earlier authorities addressing permission under CPR 6.34(2)(b) have proceeded on the basis that the claimant must apply for relief from sanctions under CPR 3.9. Yet, in those rulings, there was no contention that the claim form would miss the service deadline...

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