header-logo header-logo

Due process

15 December 2011 / Patrick Wheeler
Issue: 7494 / Categories: Features , Legal services , EU , Profession
printer mail-detail

Patrick Wheeler explains how to ensure effective service at home & abroad

You vaguely remember him. The keen US lawyer whose card you have lost (but who has kept yours) and who has now e-mailed you to ask how to serve his US district court claim as quickly as possible on an English resident.

Section V of CPR Pt 6 sets out the procedure that can be used where any document in connection with civil or commercial proceedings in a foreign court or tribunal is to be served in England or Wales (CPR 6.48 to 6.52). These rules do not apply in circumstances where the EU Service Regulation applies (CPR 6.48), but the proceedings in question were issued in a US District Court, so the EU Service Regulation does not apply.

The Hague Convention

The CPR makes clear that reference must also be had to the relevant Civil Procedure Convention. In this case it will be the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the Convention), to which both the UK and

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll