Q&As

A bankruptcy petition is to be served on a debtor who is resident in Italy. The debtor is English. Will it be necessary to translate the petition into Italian in this situation?

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Published on LexisPSL on 19/02/2016

The following Restructuring & Insolvency Q&A provides comprehensive and up to date legal information covering:

  • A bankruptcy petition is to be served on a debtor who is resident in Italy. The debtor is English. Will it be necessary to translate the petition into Italian in this situation?
  • Service out of the jurisdiction
  • Translation of documents

STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. The content in this Q&A may have been affected by this change.

Service out of the jurisdiction

Under rule 6.14(6) of the Insolvency Rules 1986, SI 1986/1925 (IR 1986), a bankruptcy petition may be served outside of England and Wales. However, this can only happen with the court’s permission, and the court can direct how service is to be effected. In the case of bankruptcy petitions, IR 1986, r 12A.20 provides that Civil Procedure Rules 6 (CPR) shall apply to the service of court documents outside the jurisdiction with such modifications as the court may direct. Section IV of CPR 6 (CPR 6.30–6.47) is entitled ‘Service of the claim form and other documents out of the jurisdi

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