County Court Rules (Northern Ireland) 1981

Proceedings under the Crown Proceedings Act

11.—(1) The provisions of this Order relating to personal service shall not apply to any civil bill or other document required to be served on the Crown Service of any such civil bill or document shall be in accordance with section 18 of the Crown Proceedings Act and may be effected either—

(a) by leaving the civil bill or document at the office of the person to be served; or

(b) by sending it by registered post addressed to the person to be served.

(2) A civil bill at the suit of the Crown may by leave of the judge be served out of Northern Ireland in any case in which leave might be granted by the High Court for the service of a writ of summons out of the jurisdiction. Where such leave has been given in any proceedings in a county court, the like leave may be given in respect of documents to be subsequently served in those proceedings.

(3) Where leave is sought to serve a civil bill at the suit of the Crown anywhere in Great Britain, if it appears to the judge that there may be a concurrent remedy in England or Scotland (as the case may be), the judge shall have regard to the comparative cost and convenience of proceedings within the jurisdiction of the court, or in the place of residence of the intended defendant, and particularly to the powers and jurisdiction of the county courts in England, and of the sheriff courts or small debt courts in Scotland, respectively.

(4) An application for leave to serve a civil bill at the suit of the Crown on a person outside the United Kingdom shall be supported by affidavit or other evidence—

(a) stating that, in the belief of the deponent, the applicant has a good cause of action; and

(b) showing—

(i) in what country and place the person to be served is, or may probably be found;

(ii) whether such person is a British subject or not; and

(iii) the grounds on which the application is made;

and where the judge gives leave for the service of such a civil bill or other document outside the United Kingdom, he shall fix the return day, and in so doing shall have regard to the distance of the country wherein service is to be effected.

(5) Where leave is given under the preceding paragraphs of this Rule for service out of the jurisdiction, such service shall, subject to this paragraph, be effected either—

(a) by posting the document to be served together with a copy of the relevant order in a prepaid registered envelope addressed to the person to be served; or

(b) by transmitting such document to an agent of the plaintiff for personal service by such agent;

but where the person to be served is outside Her Majesty's dominions there shall be served on him a copy of the relevant order and a notice of commencement of proceedings to which there shall be annexed a copy of the document for the service of which leave has been given.