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The Civil Procedure Rules 1998, Cross Heading: V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALS is up to date with all changes known to be in force on or before 16 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1
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
F2Word 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)
F3Rule 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)
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.
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 [F4the 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
6.51. The Senior Master will determine the method of service.
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 [F5Senior 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
F5Words 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)
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