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Service Outside the Jurisdiction – No Prior Permission Required Under the Immigration and Asylum Act 1999

In a recent case, Mr Justice Soole confirmed that the Court’s permission is not required before serving proceedings outside the jurisdiction where those proceedings are issued under Part II and Schedule 1 of the Immigration and Asylum Act 1999.

Although the 1999 Act does not expressly provide for service of claim forms abroad without permission, the Court held that the statutory scheme expressly contemplates proceedings against defendants based outside the jurisdiction. The relevant provisions were found to fall within CPR 6.33(3) and the principles set out in In re Harrods (Buenos Aires) Ltd [1992] Ch 72.

Iulia Stinga acted for the Respondent and successfully defended the appeal. 

The full judgment in Sedico Logistics SP. Z O.O. v Secretary of State for the Home Department [2026] EWHC 222 (KB) can be found here https://www.bailii.org/ew/cases/EWHC/KB/2026/222.html 

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    Iulia Stinga

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