The Civil Procedure Rules 1998

[F1 Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities E+W

6.43.— (1) This rule applies where [F2 a party] wishes to serve a claim form or any other document under rule 6.42(1) or 6.42(2).

(2) Where this rule applies, [F3 that party] must file—

(a) a request for service of the claim form or other document specifying one or more of the methods in rule 6.42(1) or 6.42(2);

(b) a copy of the claim form or other document;

(c) any other documents or copies of documents required by [F4 Practice Direction 6B]; and

(d) any translation required under rule 6.45.

(3) Where [F5 a party] files the documents specified in paragraph (2), the court officer will—

(a) seal (GL) the copy of the claim form or other document; and

(b) forward the documents to the Senior Master.

(4) The Senior Master will send documents forwarded under this rule—

(a) where the claim form or other document is being served through the authority designated under the Hague Convention [F6 or any other Civil Procedure Convention or Treaty], to that authority; or

(b) in any other case, to [F7 the Foreign, Commonwealth and Development Office] with a request that it arranges for the claim form or other document to be served.

(5) An official certificate which—

(a) states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

(b) states, where more than one method is requested under paragraph (2)(a), which method was used; and

(c) is made by—

(i) a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

(ii) the government or judicial authorities in that country; or

(iii) the authority designated in respect of that country under the Hague Convention [F8 a Civil Procedure Convention or Treaty],

is evidence of the facts stated in the certificate.

(6) A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate, unless it is proved not to be.]

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

F2 Words in rule 6.43(1) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(i)

F3 Words in rule 6.43(2) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(ii)

F4 Words in rule 6.43(2)(c) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(g)(i)

F5 Words in rule 6.43(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(iii)

F6 Words in rule 6.43(4) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(iv)

F7 Words in rule 6.43(4)(b) 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(2)(a)

F8 Words in rule 6.43(5) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(v)