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7.1 This Part contains provisions about -

1. the circumstances in which court process may be served out of the jurisdiction; and
2. the procedure for serving court process out of the jurisdiction.

7.2 A claim form may be served out of the jurisdiction only if rule 7.3 allows it to be served out of the jurisdiction.

7.3 (1) A claim form may be served out of the jurisdiction if the proceedings are listed in this rule.

Features which may arise in any type of claim

(2) A claim form may be served out of the jurisdiction where -

1. a claim is made for a remedy against a person domiciled or ordinarily resident within the jurisdiction; or
2. a claim is made for an injunction ordering the defendant to do or refrain from doing some act within the jurisdiction; or
3. a claim is made against someone on whom the claim form has been or will be served and -

1. there is between the claimant and that person a real issue which it is reasonable for the court to try; and
2. the claimant now wishes to serve the claim form on another person who is a necessary and proper party to that claim.

Claims about contracts

(3) A claim form may be served out of the jurisdiction where -

1. a claim is made to enforce, rescind, dissolve or otherwise affect a contract or to obtain any other remedy in respect of a breach of contract and (in either case) the contract -

1. was made within the jurisdiction; or
2. was made by or through an agent trading or residing within the jurisdiction; or
3. is by its terms or by implication governed by the law of Trinidad and Tobago; or
4. contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract; or

2. a claim is made in respect of a breach of contract committed within the jurisdiction; or
3. a claim is made for a declaration that no contract exists.

Claims in tort

(4) A claim form may be served out of the jurisdiction where a claim in tort is made and -

1. the damage was sustained within the jurisdiction; or
2. the damage sustained resulted from an act committed within the jurisdiction.

Enforcement

(5) A claim form may be served out of the jurisdiction where a claim is made to enforce any judgment or arbitral award made within the jurisdiction.

Claims about property within the jurisdiction

(6) A claim form may be served out of the jurisdiction where -

1. the whole subject matter of the proceedings is

1. land located within the jurisdiction; or
2. the perpetuation of testimony relating to land located within the jurisdiction;

2. a claim is made in order to interpret, rectify, set aside or enforce a document, obligation or liability affecting land located within the jurisdiction.
3. a claim is made -

1. for a debt secured on land; or
2. to assert, declare or determine rights in or over land; or
3. to obtain authority to dispose of land; and

(in any of these cases) the land is located within the jurisdiction.

Claims about trusts etc.,

(7) A claim form may be served out of the jurisdiction where -

1. a claim is made for any remedy which might be obtained in proceedings to execute the trusts of a written instrument where -

1. the trusts ought to be executed according to the law of Trinidad and Tobago; and
2. the person on whom the claim form is to be served is a trustee of the trusts; or

2. a claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction; or
3. a claim is made in probate proceedings as defined in Part 72; or
4. a claim is made for a remedy against the defendant as constructive trustee where the defendant's alleged liability arises out of acts committed within the jurisdiction.

Admiralty proceedings

(8) This rule does not apply to an Admiralty claim in rem.

7.4 Where the claimant makes a claim which falls within

1. rule 7.3(3) (claims about contracts); or
2. rule 7.3(4) (claims in tort); or
3. rule 7.3(7)(d) (claims against the defendant as a constructive trustee),

the court may grant any claim for a remedy which -

1. does not fall within rule 7.3; but
2. arises out of the same facts or substantially the same facts as the claim in respect of which the order is made.

7.5  An application for permission to serve out of the jurisdiction may be made without notice but must be supported by evidence stating -

1. the grounds on which the application is made
2. that in the deponent's belief the claimant has a claim with a realistic prospect of success
3. in what place, within what country the defengdant may probably be found.

7.6 (1) Any person on whom a claim form has been served out of the jurisdiction under rule 7.3 may apply to set aside service of the claim form.

(2) The court may set aside service under this rule where -

1. service out of the jurisdiction is not permitted by the rules; or
2. the case is not a proper one for the court's jurisdiction; or
3. the claimant does not have a good cause of action.

(3) This rule does not limit the court's power to make an order under rule 9.6 (procedure for disputing the court's jurisdiction).

7.7 Where a claim form is to be served out of the jurisdiction under rule 7.3 requires the defendant to enter an appearance, the period with which it must be entered is to be determined by reference to any relevant practice direction.

7.8 (1) Subject to the following paragraphs of this rule, where a claim form is to be served out of the jurisdiction, it may be served -

1. personally by the claimant or his agent; or
2. in accordance with the law of the country in which it is to be served; or
3. by a method provided for by -

(i) rule 7.9(service through foreign governments etc.)

(ii) rule 7.11 (service on a State).

(2) Nothing in this rule or in any court order or direction authorises or requires any person to do anything in the country where the claim form is to be served which is against the law of that country.

(3) Except where this part provides otherwise, the following rules (which apply where a claim form is to be served within the jurisdiction) also apply where a claim form is to be served out of the jurisdiction -

1. rule 8.1(2) (date when claim form issued); and
2. rule 8.2(Statement of case to be issued and

served with claim form)

3. rule 8.15 (form of appearance and defence form to be sent with a claim); and
4. rule 5.17 (deemed date of service); and
5. rule 5.12(service by a specified method).

7.9 (1) The methods of service permitted by this rule are in addition to any method of service permitted under

1. Rule 7.8(1)(a) or (b); or
2. Any relevant Civil Procedure Convention.

Service under the Hague Convention

(2) Where a claim form is to be served on a defendant in any country which is a party to the Hague Convention, the claim form may be served -

1. through the authority designated under the Hague Convention in respect of that country; or
2. if the law of that country permits -

1. through the judicial authorities of that country, or
2. through the consular authority of Trinidad and Tobago in that country.

Service under other Conventions

(3) Where a claim form is to be served on a defendant in any country which is a party to a Civil Procedure Convention (other than the Hague Convention) providing for service in that country of court process, the claim form may be served, if the law of that country permits -

1. through the judicial authorities of that country, or
2. through the consular authority of Trinidad and Tobago in that country

Service where there is no applicable Convention

(4) Where a claim form is to be served on a defendant in any country with respect to which there is no relevant Civil Procedure Convention providing for service in that country of court process the claim form may be served, if the law of that country so permits -

1. through the government of that country, where that government is willing to serve it; or
2. through the consular authority of Trinidad and Tobago in that country.

7.10 (1) This rule applies where the claimant wishes to serve the claim form -

1. through the judicial authorities of the country where the claim form is to be served; or
2. through the consular authority of Trinidad and Tobago in that country; or
3. through the authority designated under the Hague Convention or any other relevant Civil Procedure Convention in respect of that country; or
4. through the government of that country.

(2) Where this rule applies, the claimant must file -

1. a request for service of the claim by his chosen method; and
2. a copy of the claim form; and
3. an additional copy of the claim form for each person to be served; and
4. any translation required by rule 7.12.

(3) When the claimant files the documents specified in paragraph (2) the court must -

1. seal the copy of the claim form; and
2. send the documents filed to the Permanent Secretary to the Ministry with responsibility for Foreign Affairs with a request that he arrange for the claim form to be served by the method indicated in the request for service filed under paragraph (2) or, where that request indicates alternative methods, by the most convenient method.

(4) An official certificate which -

1. states that the claim form has been served in accordance with this rule either personally, or in accordance with the law of the country in which service was effected; and
2. specifies the date on which the claim form was served; and
3. is made by -

1. a consular authority of Trinidad and Tobago in the country where the claim form was served; or
2. the government or judicial authorities in that country; or
3. any other authority designated in respect of that country under the Hague Convention or any other relevant Civil Procedure Convention,

is evidence of the facts stated in the certificate.

(5) A document purporting to be an official certificate under paragraph (4) shall be treated as such a certificate, unless it is proved not to be.

7.11 (1) This rule applies where a claimant wishes to serve a claim form on a State.

(2) Where that State has agreed to a method of service other than a method permitted by this Part, the claim may be served either by the method agreed or in accordance with the other rules in this Part.

(3) The claimant must file at the court office -

1. a request for service to be arranged by the Minister with responsibility for Foreign Affairs; and
2. a copy of the claim form; and
3. any translation required by virtue of rule 7.12.

(4) The court must send documents filed under this rule to the Permanent Secretary of the Ministry with responsibility for Foreign Affairs with a request that the Minister arrange for the claim form to be served.

(5) An official certificate by the Minister with responsibility for Foreign Affairs stating that a claim form has been duly served on a specified date in accordance with a request made under this rule is evidence of that fact.

(6) A document purporting to be such a certificate is to be treated as such a certificate, unless it is proved not to be.

7.12 (1) Except where paragraph (4) or (5) applies, every copy of the claim form filed under rule 7.10 or rule 7.11 must be accompanied by a translation of the claim form.

(2) The translation must be -

1. in the official language of the country in which it is to be served; or
2. if there is more than one official language of that country, in any official language which is appropriate to the place in the country where the claim form is to be served.

(3) Every translation filed under this rule must be certified by the person making it to be a correct translation, and the certificate must state -

1. the name of the person making the translation; and
2. his address; and
3. his qualifications for making a translation.

(4) The claimant is not required to file a translation of a claim form filed under rule 7.10 (service through judicial authorities, foreign governments etc.,) where the claim form is to be served -

1. in a country of which English is an official language; or
2. by a consular authority of Trinidad and Tobago on a subject of Trinidad and Tobago,

unless a relevant Civil Procedure Convention expressly requires a translation.

(5) The claimant is not required to file a translation of a claim form filed under rule 7.11 (service on a State) where English is an official language of the State where the claim form is to be served.

7.13 (1) Every request for service filed under rule 7.9 (service through foreign governments, judicial authorities etc.,) or rule 7.11(service on a State) must contain an undertaking by the person making the request -

(a) to be responsible for all expenses incurred by the Minister with responsibility for Foreign Affairs; and

(b) on being informed of the amount of those expenses -

(i) to pay that amount to the Finance Officer of the Ministry with responsibility for Foreign Affairs; and

(ii) to produce a receipt for the payment to the court office.

(2) No further step in the proceedings may be taken by the claimant until he has produced the receipt required by paragraph (1)(b)(ii).

7.14 (1) An order or notice issued, made or given in any proceedings may be served out of the jurisdiction without the court's permission, if it is served in proceedings in which permission has been given to serve the claim form out of the jurisdiction.

(2) The procedure by which a document specified in paragraph (1) is the same as that applicable to the service of a claim form and accordingly rules 7.8 to 7.13 shall apply

7.15 For the purpose of this Part, 'The Hague Convention' means the Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters signed at The Hague on November 15, 1965.