--(1) A claim form may be served out of the jurisdiction if the proceedings are listed in this rule.
--Features which may arise in any type of claim
--(2) A claim form may be served out of the jurisdiction where-
----(a) a claim is made for a remedy against a person domiciled or ordinarily resident within the jurisdiction;
----(b) a claim is made for an injunction ordering the defendant to do or refrain from doing some act within the jurisdiction; or
----(c) a claim is made against someone on whom the claim form has been or will be served and-
--------(i) there is between the claimant and that person a real issue which it is reasonable for the court to try; and
--------(ii) the claimant now wishes to serve the claim form on another person who is a necessary and proper party to that claim.
--Claims about contracts
--(3) A claim form may be served out of the jurisdiction where-
----(a) a claim is made to enforce, rescind, dissolve or otherwise affect a contract or to obtain any other remedy in respect of a breach of contract and (in either case) the contract-
--------(i) was made within the jurisdiction;
--------(ii) was made by or through an agent trading or residing within the jurisdiction;
--------(iii) is by its terms or by implication governed by the law of Trinidad and Tobago; or
--------(iv) contains a term to the effect that the court shall have jurisdiction to determine any claim in respect of the contract;
----(b) a claim is made in respect of a breach of contract committed within the jurisdiction; or
----(c) a claim is made for a declaration that no contract exists.
--Claims in tort
--(4) A claim form may be served out of the jurisdiction where a claim in tort is made and-
----(a) the damage was sustained within the jurisdiction; or
----(b) the damage sustained resulted from an act committed within the jurisdiction.
--Enforcement
--(5) A claim form may be served out of the jurisdiction where a claim is made to enforce any judgment or arbitral award made within the jurisdiction.
--Claims about property within the jurisdiction
--(6) A claim form may be served out of the jurisdiction where-
----(a) the whole subject matter of the proceedings is-
--------(i) land located within the jurisdiction; or
--------(ii) the perpetuation of testimony relating to land located within the jurisdiction;
----(b) a claim is made in order to interpret, rectify, set aside or enforce a document, obligation or liability affecting land located within the jurisdiction; or
----(c) a claim is made-
--------(i) for a debt secured on land;
--------(ii) to assert, declare or determine rights in or over land; or
--------(iii) to obtain authority to dispose of land; and (in any of these cases) the land is located within the jurisdiction.
--Claims about trusts, etc.
--(7) A claim form may be served out of the jurisdiction where-
----(a) a claim is made for any remedy which might be obtained in proceedings to execute the trusts of a written instrument where-
--------(i) the trusts ought to be executed according to the law of Trinidad and Tobago; and
--------(ii) the person on whom the claim form is to be served is a trustee of the trusts;
----(b) a claim is made for any remedy which might be obtained in proceedings for the administration of the estate of a person who died domiciled within the jurisdiction; or
----(c) a claim is made in probate proceedings as defined in Part 72;
----(d) a claim is made for a remedy against the defendant as constructive trustee where the defendant's alleged liability arises out of acts committed within the jurisdiction.
--Admiralty proceedings
--(8) This rule does not apply to an admiralty claim in rem.
Notes
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