As international mobility increases, many individuals and businesses live outside the United Kingdom while maintaining significant connections with England. It is common for overseas clients to own UK property, operate UK companies, or enter into contracts governed by English law. A question we are frequently asked is a simple but important one: can someone be sued in England even if they live abroad?
The short answer is yes, in many circumstances, although the process can be legally complex. A recent decision of the Court of Appeal (England and Wales), Fridman v Agrofirm Oniks LLC, provides useful guidance on how English courts approach cross-border service of proceedings.
Written by Frankie Ng, Litigation Supervisor
Why Service of Proceedings Is Important
In English civil litigation, a claim formally begins when a claim form is served on the defendant. Service is not simply an administrative step; it is fundamental to the court’s ability to exercise jurisdiction over a defendant.
If proceedings are served correctly under the Civil Procedure Rules, the English court may have jurisdiction to determine the dispute. If service is defective, the defendant may challenge the proceedings and the claim may not proceed.
For defendants located overseas, the key question therefore becomes how proceedings can be validly served across borders.
Two Main Routes for Cross-Border Service
English law generally recognises two principal routes for serving proceedings on someone who lives outside the UK.
Service within the jurisdiction
In some situations, proceedings may still be served at an address in England, even if the defendant currently resides abroad.
The Civil Procedure Rules allow service at a defendant’s “usual or last known residence” in England. This can include:
- a property regularly used by the defendant
- a former residence where the claimant reasonably believes the defendant still resides
- an address that remains closely associated with the defendant.
However, claimants must take reasonable steps to verify the defendant’s current address before relying on a last known residence. If they fail to do so, service may be challenged.
This situation commonly arises where overseas individuals own property in London or previously lived in the UK before relocating abroad.
Service out of the jurisdiction
If a defendant cannot realistically be served within England, the claimant may apply to the court for permission to serve proceedings outside the jurisdiction.
To obtain such permission, the claimant must usually demonstrate that:
- the claim falls within a recognised jurisdictional gateway (for example, disputes involving English contracts or UK property);
- England is the appropriate forum for resolving the dispute; and
- the claim has a real prospect of success.
Once permission is granted, service abroad may be carried out through recognised procedures, including international service conventions or methods approved by the court.
Lessons from the Fridman Case
The decision in Fridman v Agrofirm Oniks LLC illustrates the challenges that can arise where a defendant has links to England but is located abroad.
The case involved Mikhail Fridman, a businessman who owned a substantial property in London but was living outside the UK when proceedings were issued. The claimants attempted to serve the claim form at his London residence.
The Court of Appeal examined whether service at that address was sufficient to establish jurisdiction given that the defendant was not physically present in England.
While the outcome depended on the specific circumstances of the case, the judgment highlights an important point: ownership of property in England does not automatically guarantee that service at that address will be valid. Courts will examine the defendant’s actual connection to the property and whether the claimant has taken reasonable steps to identify the defendant’s current location.
Practical Points for Overseas Individuals and Business
Property ownership may increase litigation exposure. Owning a property in England may make it easier for claimants to attempt service within the jurisdiction.
Jurisdiction challenges may be available. If proceedings are served incorrectly, a defendant may challenge the court’s jurisdiction. This must usually be done promptly.
Early legal advice is important. Cross-border service rules are technical, and early advice can help avoid costly procedural disputes.
International contracts should be carefully drafted. Clear provisions on governing law and jurisdiction can significantly reduce uncertainty if a dispute arises.
Cross-border disputes are becoming increasingly common as individuals and businesses operate internationally while maintaining ties with England. Even if a person lives abroad, they may still be subject to litigation in England where sufficient connections exist.
The decision in Fridman v Agrofirm Oniks LLC serves as a reminder that service and jurisdiction issues can be complex and highly fact-specific. For both claimants and defendants, careful consideration of cross-border service rules is essential at the outset of any dispute.
Where international elements are involved, obtaining specialist legal advice early can ensure that the correct procedural steps are taken and that potential jurisdiction challenges are properly assessed.
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