2. Order 5, rule 14 shall be deleted and the following substituted therefor.

"14 (1) Save as is otherwise provided for in these Rules, no summons for service out of the jurisdiction, or of which notice is to be given out of the jurisdiction, shall be issued without leave of the Court.

(2) An originating summons to which Order 11A, rule 2 applies and which is to be served out of the jurisdiction, or of which notice is to be given out of the jurisdiction, may be issued without leave of the Court, if, but only if, it complies with the following conditions—


(a) each claim made by the summons is one which, by virtue of the 1988 Act, the Court has power to hear and determine; and

(b) the summons is indorsed before it is issued with a statement that the Court has power under the 1988 Act to hear and determine the claim and specifying the particular provision or provisions of the 1968 Convention under which the Court should assume jurisdiction; and

(c) the summons is indorsed with a statement that no proceedings concerning the same cause of action are pending between the parties in another Contracting State.


(3) In this rule—

"the 1968 Convention", "Contracting State" and "the 1988 Act" have the same meaning as in Order 11A, rule 8."