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The Civil Procedure Rules 1998

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Changes over time for: Section 6.42

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Point in time view as at 30/03/2020.

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[F1Service through foreign governments, judicial authorities and British Consular authoritiesE+W

6.42.(1) Where [F2a party] wishes to serve a claim form or any other document F3... in any country which is a party to a Civil Procedure Convention [F4or Treaty] providing for service in that country, it may be served—

(a)through the authority designated under the Hague Convention [F5or any other Civil Procedure Convention or Treaty] (where relevant) in respect of that country; or

(b)if the law of that country permits—

(i)through the judicial authorities of that country, or

(ii)through a British Consular authority in that country (subject to any provisions of the applicable convention about the nationality of persons who may be served by such a method).

(2) Where [F6a party] wishes to serve a claim form or any other document F7... in any country with respect to which there is no Civil Procedure Convention [F8or Treaty] providing for service in that country, the claim form or other document may be served, if the law of that country so permits—

(a)through the government of that country, where that government is willing to serve it; or

(b)through a British Consular authority in that country.

(3) Where [F9a party] wishes to serve the claim form or other document in—

(a)any Commonwealth State which is not a party to the Hague Convention [F10or is such a party but HM Government has not declared acceptance of its accession to the Convention];

(b)the Isle of Man or the Channel Islands; or

(c)any British overseas territory,

the methods of service permitted by paragraphs (1)(b) and (2) are not available and [F11the party] or the [F12party’s] agent must effect service direct, unless [F13Practice Direction 6B] provides otherwise.

(A list of British overseas territories is reproduced in paragraph 5.2 of [F14Practice Direction 6B].)]

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