The Service Regulation—service outside the jurisdiction (application in the UK)
Produced in partnership with Camilla McPherson

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 (application in the UK)
  • 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...

The Service Regulation—service outside the jurisdiction (application in the UK)

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 explain which court has jurisdiction and whether the court’s permission is needed before documents can be served outside the jurisdiction.

For guidance on whether judgments of the Court of Justice are binding on UK courts, see Q&A: Are UK courts and tribunals bound by decisions of the Court of Justice of the European Union post-Brexit?.

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

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