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Elizabeth, a café owner, commenced proceedings last week against a French company for breach of contract. The contract had an express provision that the terms would be governed by the law of England and Wales. The claim form has been issued by the court and returned to Elizabeth for service. Which of the following responses best explains the timescales and steps that Elizabeth now needs to take to validly serve the proceedings?

A. Elizabeth is required to serve the claim form and associated documentation within six months of the date of issue. She will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then send the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.

B. Elizabeth is required to serve the claim form and associated documentation within six months of the date of issue. She does not need to seek the permission of the court to serve the proceedings outside the jurisdiction, so she can proceed to sending the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.

C. Elizabeth is required to serve the claim form and associated documentation within six months of the date of issue. She will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then post the proceedings to the registered office of the company in France in accordance with the requirements of the CPR.

D. Elizabeth is required to serve the claim form and associated documentation within four months of the date of issue. She will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then send the documentation to the French authorities to serve on the defendant in accordance with French procedural requirements.

E. Elizabeth is required to serve the claim form and associated documentation within four months of the date of issue. She will first need to seek the permission of the court to serve the proceedings outside the jurisdiction, and then post the proceedings to the registered office of the company in France in accordance with the requirements of the CPR.

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The court extends the time limit for service to six months from the date of issue for international cases, making Options D and E incorrect. Since the claim was issued after 1 January 2021, Elizabeth must seek the court‚Äôs permission to serve proceedings outside the jurisdiction, which invalidates Option B. The claim form and associated documentation must be served in accordance with the procedural rules of the country where the proceedings are being served, making Option C incorrect.

Key Point: The extension of time limits for service in international cases and the requirement for court permission for serving proceedings outside the jurisdiction are crucial procedural aspects that must be adhered to.

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Dispute ResolutionUnit 3Chapter 7

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