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Service Out of Jurisdiction - Trust Claims

Amendments to PD6 to expand the gateways for service out relating to trust claims were passed by the CPR Committee last month and are due to come into force on 6th April 2015.

Existing sub-paragraph (12) of paragraph 3.1 will be replaced with the following:

“(12) A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which is governed by the law of England and Wales.

(12A) A claim is made in respect of a trust which is created by the operation of a statute, or by a written instrument, or created orally and evidenced in writing, and which provides that jurisdiction in respect of such a claim shall be conferred upon the courts of England and Wales."