No deal Brexit—service of documents
No deal Brexit—service of documents

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • No deal Brexit—service of documents
  • Contractually agreed method of service
  • Serving English/Welsh court documents in the EU
  • Serving English/Welsh court documents in Iceland, Norway or Switzerland
  • Serving English/Welsh court documents in Mexico, Montenegro or Singapore
  • Serving English/Welsh documents on a solicitor/European Lawyer in an EEA state
  • Serving English/Welsh documents on a defendant in a 2005 Hague Convention State
  • Serving documents from the EU in England & Wales
  • Example scenarios
  • Available service methods post exit day
  • more

This Practice Note considers the effect of the UK leaving the EU without a deal when dealing with the service of court documents. The following UK regulations dealing with no deal Brexit impact service:

  1. the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, SI 2018/1257 which revokes the key EU regulation in this area, ie Regulation (EC) 1393/2007, the Service Regulation and the agreement between the European Community and the Kingdom of Denmark on the service of judicial and extra-judicial documents in civil or commercial matters

  2. the Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521 which makes amendments to CPR 6 which deal with service. Changes to the practice direction accompanying CPR 6 are made in the 107th update—Practice Direction Amendments document

  3. the Civil Jurisdiction and Judgments (Hague Convention on Choice of Court Agreements 2005) (EU Exit) Regulations 2018, SI 2018/1124 deals with the rights derived from the Hague Convention on Choice of Court Agreements 2005 which are relevant for whether permission is required to serve a claim form out of the jurisdiction

Note: There appears to be an error in the Service of Documents and Taking of Evidence in Civil and Commercial Matters (Revocation and Saving Provisions) (EU Exit) Regulations 2018, SI 2018/1257. In Part 2, there