megalaser

Hi, I have a general legal question if anyone know the answer:

Can a UK high court Civil summons be legally served upon somebody who is no longer resident in the UK?

In other words, can a UK claimant take somebody who has moved to the USA to court for a civil matter in the UK high court?

Note: my question is not about a criminal case, just a civil matter and I don't mean to chase a debt or enforce a judgement, I mean to bring a civil case against a non-UK resident.

Thanks!

Jeff.

Englishmum

No idea - but my guess is that you may be arrested the next time you return to the UK for contempt of court?

megalaser

and you may be arrested for having an offensive haircut next time you visit Sainsburys. Any sensible answers?

Ray

how do they serve notice is the problem

fatbrit

The issue is jurisdictional if they don't want to voluntarily submit to the jurisdiction of the court.

Why not look at suing them in a US court that has jurisdiction over the person you are trying to sue? Of course, you might then have venue rather than jurisdictional issues, but it should give you a better shot.

Michael

I think there are several issues. The first is which countries court has jurisdiction over the case. Generally when a debt is occurred, the court that has jurisdiction is the court in the country where the debt occurred so if the debt occurred in the UK, that is the court that will normally have jurisdiction.

When it comes to the US, each state has it's own laws concerning debts. For example in some states, first mortgages on a primary residence are recourse loans and other states they are not so a bank cannot file a lawsuit in a state that allows for recourse when the debt was made in a non recourse state. Similarly each state has wide variations for statute of limitations on different types of debts and some states do not allow for recourse on certain types of loans such as payday loans.

Finally there is the problem of enforcement when a court judgement is awarded in a country that differs from the country of residence of the defendant, For example, if a judgement is awarded in the UK, procedures such as garnishment normally cannot be sought in the US until a judgement is awarded in a US court.

scrubbedexpat099

I can not see any issue about serving.

sir_eccles

Couldn't the court just rule in absentia? Enforcing the judgement would then become the issue.

lansbury

Actually having dealt with the High Court I thought the answer Englishmum gave was quite sensible. It was the first thing that went through my mind when I read your question.

If the judge decides he can issue a warrant, and knowing you are in the US that would go to the National Ports Office to be put on the Home Office Warning Index (immigration). When the flight manifest is checked against the HOWI, at the Joint Border Operations Center, before the aircraft arrives it would get flagged, and an officer from the relevant airport tasked to meet the flight and execute the warrant.

Would it happen largely depends on what the case is, the severity of it, and what a judge might decide.

megalaser

They would do that for a Civil matter?

tonrob

Now that you've had all your sensible answers I'm just going to call you a twat.

fatbrit

I don't see it happening, either.

megalaser

Thanks for your advice and Oh dear Tonrob, there is always one little emotional child on these forums isn't there.

sir_eccles

We're all dying to know what you are being sued for.

lansbury

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It would all depend on what it was and how serious. Would they, don't know but in my time at the National Ports Office I had dealings with the Tipstaff over warrants. Could they, yes they could.