The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 6 E+W SERVICE OF DOCUMENTS

Textual Amendments

F1 Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1

Modifications etc. (not altering text)

C1 Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)

C2 Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122

C3 Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263

C4 Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262

C5 Pt. 6 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 234-238 (with rule 5)

C6 Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 168 (with rules 3, 208)

C7 Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 171 (with rules 3, 208)

C8 Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 172 (with rules 3, 210)

C9 Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 170(1) (with rules 3, 210)

C10 Pt. 6 applied (with modifications) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1 (with rule 3(3), Sch. 2)

C11 Pt. 6 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rule 1, Sch. 2 para. 1 (with rule 1.2)

C12 Pt. 6 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 170(5) (with rules 4(1), 156)

C13 Pt. 6 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 196-200 (with rule 5)

C14 Pt. 6 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 158 (with rule 2)

V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS E+W

Scope of this Section E+W

6.48.   This Section—

(a) applies to the service in England and Wales of any document in connection with civil or commercial proceedings in a foreign court or tribunal;F2 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Word in rule 6.48(a) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(21)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Rule 6.48(b) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(21)(b) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Interpretation E+W

6.49.   In this Section—

(a) “convention country” means a country in relation to which there is a Civil Procedure Convention (which has the same meaning as in rule 6.31(c));

(b) “foreign court or tribunal” means a court or tribunal in a country outside of the United Kingdom; and

(c) “process server” means—

(i) a process server appointed by the Lord Chancellor to serve documents to which this Section applies, or

(ii) the process server’s agent.

Request for service E+W

6.50.   The Senior Master will serve a document to which this Section applies upon receipt of—

(a) a written request for service—

(i) where the foreign court or tribunal is in a convention country, from a consular or other authority of that country; or

(ii) from [F4 the Secretary of State for Foreign, Commonwealth and Development Affairs], with a recommendation that service should be effected;

(b) a translation of that request into English;

(c) two copies of the document to be served; and

(d) unless the foreign court or tribunal certifies that the person to be served understands the language of the document, two copies of a translation of it into English.

Textual Amendments

F4 Words in rule 6.50(a)(ii) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 13(3)

Method of service E+W

6.51.   The Senior Master will determine the method of service.

After service E+W

6.52.— (1) Where service of a document has been effected by a process server, the process server must—

(a) send to the Senior Master a copy of the document, and

(i) proof of service; or

(ii) a statement why the document could not be served; and

(b) if the Senior Master directs, specify the costs incurred in serving or attempting to serve the document.

(2) The Senior Master will send to the person who requested service—

(a) a certificate, sealed with the seal of the [F5 Senior Courts] for use out of the jurisdiction, stating—

(i) when and how the document was served or the reason why it has not been served; and

(ii) where appropriate, an amount certified by a costs judge to be the costs of serving or attempting to serve the document; and

(b) a copy of the document.]

Textual Amendments

F5 Words in rule 6.52(2)(a) substituted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 3(c)