Which statement is true about EU service rules after 1 January 2021?

Which statement is true about EU service rules after 1 January 2021?

• A. Permission is always required, with no exceptions
• B. There are exceptions: if the claim was made before 1 January 2021 or if the contract contains an English jurisdiction clause
• C. No permission is ever required
• D. The contract cannot contain a jurisdiction clause

Answer: (B)

Permission to serve a claim outside the jurisdiction is normally required in English civil procedure, but two practical exceptions apply after 1 January 2021. If the claim was issued before that date, the prior regime can still govern service in EU states, so you may not need to go through a fresh permission process in that specific context. If the contract contains an English jurisdiction clause, the parties have agreed that English courts will hear disputes about that contract, so service of proceedings can proceed under English rules without being constrained by the post-Brexit EU regime. The other statements are too absolute or incorrect because they ignore these carve-outs and the reality that jurisdiction clauses are possible and common in contracts.

Permission to serve a claim outside the jurisdiction is normally required in English civil procedure, but two practical exceptions apply after 1 January 2021. If the claim was issued before that date, the prior regime can still govern service in EU states, so you may not need to go through a fresh permission process in that specific context. If the contract contains an English jurisdiction clause, the parties have agreed that English courts will hear disputes about that contract, so service of proceedings can proceed under English rules without being constrained by the post-Brexit EU regime. The other statements are too absolute or incorrect because they ignore these carve-outs and the reality that jurisdiction clauses are possible and common in contracts.