Service of Process and Jurisdiction
Service and jurisdiction
This domain tests how a claim is brought to the defendant's attention and whether the court can properly hear the dispute. Expect questions on personal service, substituted service, service outside the jurisdiction, jurisdiction simpliciter, forum non conveniens and attornment.
Core rules
- An individual is usually served personally; a corporation is served at its registered office or on a designated officer. Rules may permit alternatives such as email or registered mail.
- If personal service is impractical, a court may order substituted service. The method must be likely to bring the document to the defendant's attention.
- Service outside the jurisdiction may be permitted as of right for listed connections, or with leave. The court needs a real and substantial connection to the subject matter or parties.
- Even with jurisdiction, the court may decline to hear the case as forum non conveniens if another forum is clearly more appropriate. A defendant who files a defence without challenging jurisdiction may attorn.
Worked example
A plaintiff sues a foreign defendant in contract, but the only connection is that the plaintiff lives in the forum. The contract was made, performed and breached abroad. The court lacks jurisdiction simpliciter; the real and substantial connection test is not met merely by the plaintiff's residence. If jurisdiction had existed, the defendant could still seek a forum non conveniens stay.
Traps
- Serving before the claim is issued.
- Serving a corporation at a branch address not authorized for service.
- Omitting an affidavit of service proving the method and date.
- Ignoring ex juris requirements or assuming filing a defence always cures defective service.