8.01 Service out where the permission of the court is required to establish jurisdiction

If it is not possible to serve the defendant within the jurisdiction,1 and if the claim is not made under a statute or rule which permits service out of the jurisdiction without the need for permission,2 it will be necessary to apply for and obtain permission to serve process on the defendant out of the jurisdiction. This involves showing that the court has been given3 authority to grant permission, and if it has, that it should exercise its discretion in favour of granting permission. According to CPR rules 6.36 and 6.37: