Serving documents - England and Wales


Article 2(1) – Transmitting agencies

Article 2(2) – Receiving agencies

Article 2(4)(c) – Means of receipt of documents

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

Article 3 – Central body

Article 4 – Transmission of documents

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

Article 10 – Certificate of service and copy of the document served

Article 11 – Costs of service

Article 13 – Service by diplomatic or consular agents

Article 15 – Direct service

Article 19 – Defendant not entering an appearance

Article 2(1) – Transmitting agencies

The Transmitting Agency is The High Court - Queens Bench - Foreign Process Section

Article 2(2) – Receiving agencies

The Receiving Agency is The High Court - Queens Bench - Foreign Process Section

Article 2(4)(c) – Means of receipt of documents

Documents will be transmitted by fax and post.

Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I

The standard form will be acceptable in English and French.

Article 3 – Central body

The Senior Master

For the attention of the Foreign Process Section

Room E16

Royal Courts of Justice

Strand

London WC2A 2LL

United Kingdom

 

Telephone:

+44 20 7947 6691

+44 20 7947 7786

+44 20 7947 6488

+44 20 7947 6327

+44 20 7947 1741

Fax: +44 870 324 0025

Email: Link opens in new windowforeignprocess.rcj@hmcts.gsi.gov.uk

Website: Link opens in new windowhttps://www.gov.uk/guidance/service-of-documents-and-taking-of-evidence

 

Communication will be by means of letter, fax, e-mail and telephone and the central body will be responsible for checking translations.

Article 4 – Transmission of documents

Apart from English, the United Kingdom will accept standard request forms which are completed in French.

Articles 8(3) and 9(2) – Particular periods set by national law for serving documents

The United Kingdom intends to derogate from these provisions on the basis that the complexities of its law on time-limits and limitation periods would only be exacerbated by this Article. It is important that the date of service can be identified with certainty as it determines the time from which a party may enter a default judgment. The UK does not consider that the precise meaning of this provision, and its intended operation in practice, is sufficiently clear; it could therefore increase the potential for confusion. Accordingly it believes that this matter is best left to national law, at least until it has had an opportunity to assess how it works in practice in the other Member States following implementation of the Regulation.

Article 10 – Certificate of service and copy of the document served

Apart from English, the United Kingdom will accept certificates completed in French.

Article 11 – Costs of service

We will not be charging for service.

Article 13 – Service by diplomatic or consular agents

The United Kingdom does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).

Article 15 – Direct service

England and Wales is opposed to the possibility of direct service provided for by Article 15(1).

Article 19 – Defendant not entering an appearance

In accordance with the existing provision of the Hague Convention, courts in the United Kingdom, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 have been met.

Period of time after the judgment has been given within which an application for relief provided for by paragraph 4 may be entertained:

When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.


The national language version of this page is maintained by the respective Member State. The translations have been done by the European Commission service. Possible changes introduced in the original by the competent national authority may not be yet reflected in the translations. The European Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice to see copyright rules for the Member State responsible for this page.

Last update: 14/06/2017