F1PART 6SERVICE OF DOCUMENTS

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Amendments (Textual)

IV SERVICE OF THE CLAIM FORM AND OTHER DOCUMENTS OUT OF THE JURISDICTION

Procedure where service is to be through foreign governments, judicial authorities and British Consular authorities6.43

1

This rule applies where the claimant wishes to serve a claim form or any other document under rule 6.42(1) or 6.42(2).

2

Where this rule applies, the claimant 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 Practice Direction B supplementing this Part; and

d

any translation required under rule 6.45.

3

Where the claimant 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, to that authority; or

b

in any other case, to the Foreign and Commonwealth 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,

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.