[F1PART 6E+WSERVICE OF DOCUMENTS

Textual Amendments

Modifications etc. (not altering text)

V SERVICE OF DOCUMENTS FROM FOREIGN COURTS OR TRIBUNALSE+W

Scope of this SectionE+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

InterpretationE+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 serviceE+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 [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

Method of serviceE+W

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

After serviceE+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 [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