The Civil Procedure Rules 1998

[F1Procedure where service is to be through foreign governments, judicial authorities and British Consular authoritiesE+W

6.43.—(1) This rule applies where [F2a 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, [F3that 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 [F4Practice Direction 6B]; and

(d)any translation required under rule 6.45.

(3) Where [F5a 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 [F6or any other Civil Procedure Convention or Treaty], to that authority; or

(b)in any other case, to [F7the 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 [F8a 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