The Service Regulation—service outside the jurisdiction
Produced in partnership with Camilla McPherson
The Service Regulation—service outside the jurisdiction

The following Dispute Resolution practice note produced in partnership with Camilla McPherson provides comprehensive and up to date legal information covering:

  • The Service Regulation—service outside the jurisdiction
  • Practical considerations
  • Definitions
  • What is the Service Regulation and when does it apply?
  • Relationship between the Service Regulation and the Hague Service Convention
  • Relationship between the Service Regulation and bilateral/multilateral treaties
  • When the Service Regulation does not apply
  • Transmission of documents through the transmitting and receiving agencies
  • Questions and answers
  • Refusal to accept the document—importance of translations
  • More...

This Practice Note explains the application of the Service Regulation. Service under the regulation is only applicable between the UK and EU Member States if service was commenced before 31 December 2020 at 11 pm and the transitional provisions for service, set out in Article 68 of the Withdrawal Agreement between the UK and EU, were met by that date. In such cases, service can be completed in the relevant EU Member State.

For guidance on the transitional provisions and their impact, see Practice Notes: Serving outside the jurisdiction—serving in an EU Member State before 31 December 2020 and Serving outside the jurisdiction—serving in an EU Member State from 1 January 2021. These Practice Notes consider not only the method of service but also considerations as to which court has jurisdiction and whether the court’s permission is needed before documents can be served outside the jurisdiction.

This Practice Note considers the key provisions of Regulation (EC) 1393/2007, the Service Regulation relating to the process for serving documents from one EU Member State to another. A series of questions, with answers, are provided throughout the Practice Note to assist in understanding its application. References to Part 6 are to the rules in place as at 31 December 2020 and are referred to as the old rule. The old rules are available here:

Specific considerations arising out of the

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