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Serving documents - Gibraltar


FINDING COMPETENT COURTS/AUTHORITIES

The search tool below will help you to identify court(s)/authority(ies) competent for a specific European legal instrument. Please note that although every effort has been made to ascertain the accuracy of the results, there may be some exceptional cases concerning the determination of competence that are not necessarily covered.

United Kingdom Gibraltar

Serving documents


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 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 Registrar of the Supreme Court of Gibraltar.

Communications to the transmitting agency should be sent via:

The United Kingdom Government Gibraltar Liaison Unit for EU Affairs

Foreign and Commonwealth Office

King Charles Street

London

SW1A 2AH

Tel.: +44 20 7008 1577

Fax: +44 20 7008 3629

e-mail: Link opens in new windowukgglu@fco.gov.uk

Article 2(2) – Receiving agencies

The receiving agency is the Registrar of the Supreme Court of Gibraltar

Communications to the receiving agency should be sent via:

The United Kingdom Government Gibraltar Liaison Unit for EU Affairs

Foreign and Commonwealth Office

King Charles Street

London

SW1A 2AH

Tel.: +44 20 7008 1577

Fax: +44 20 7008 3629

e-mail: Link opens in new windowukgglu@fco.gov.uk

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 Registrar of the Supreme Court of Gibraltar

Supreme Court,

Law Courts

277 Main Street

Gibraltar

Tel.: +350 200 78808

Fax: +350 200 77118

Formal communications with the receiving agency should be addressed to the Registrar at the above address but sent via:

The United Kingdom Government Gibraltar Liaison Unit for EU Affairs

Foreign and Commonwealth Office

King Charles Street

London

SW1A 2AH

Tel.: +44 20 7008 1577

Fax: +44 20 7008 3629

e-mail: Link opens in new windowukgglu@fco.gov.uk

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 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

Gibraltar does not oppose 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: 25/04/2017