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PRACTICE NOTES
This Practice Note considers the procedure applicable in England and Wales under the Hague Service Convention. It covers the service of documents from England and Wales in another contracting state and the service in England and Wales of documents from foreign courts or tribunals. For guidance on the Hague Service Convention, see Practice Note: Hague Service Convention—scope, application and methods of transmission. Means of service When serving documents outside England and Wales, the available method must be permitted both by CPR 6.40 and the Hague Service Convention. Depending on the State of Destination and any declaration or objection it has made, the principal methods may include: • through the designated authority under the Hague Service Convention—in accordance with CPR 6.42 and CPR 6.43, see: Service through the designated authority under the Hague Service Convention below • by postal channels under Article 10(a) of the Hague Service Convention, see: Service by postal channels below • through judicial officers, officials or other competent persons under Articles 10(b) or 10(c), see: Other service channels below • by a method
PRACTICE NOTES
This Practice Note explains the procedural steps required when using the Hague Service Convention. It considers the documents and translations required, completion of the model form, certification and proof of service, unsuccessful service and the protections applying where the defendant does not appear. Preliminary checklist Before transmitting documents under the Hague Service Convention, check: • that the convention applies between the State of Origin and the State of Destination • which transmission channel will be used • whether the State of Destination has made any relevant declaration or objection • whether the person’s address is known • which authority or person is competent to forward the documents • whether the model form must or should be used • the number of copies required • whether translations are required • whether any costs are payable, and • the time available for service Documents required What documents are required will depend on the method of transmission being used. Where the main channel under Article 3 is used, the
PRACTICE NOTES
This Practice Note explains when the Hague Service Convention applies and the available channels for transmitting documents for service between contracting parties. It covers the Central Authority and postal channels, relevant declarations and objections, the service process, certificates of service, costs, translation and local law requirements. It also considers practical issues concerning the addressee’s location, disruption caused by emergencies and the HCCH Good Practices initiative. For guidance on: • preparing a request, proof of service and default judgment, see Practice Note: Hague Service Convention—preparing a request, proof of service and default judgment • considerations specific to England and Wales, see Practice Note: Hague Service Convention—England and Wales This Practice Note does not deal with the question of whether the court’s permission is required to serve documents outside England and Wales (England). For guidance, see Practice Notes: Cross-border service—a guide for dispute resolution practitioners and Cross-border service—is permission required to serve a defendant who is outside England and Wales? For an understanding of the convention, the Hague Convention on Private International
GLOSSARY
The Hague-Visby Rules are an international convention enacted into English law by the Carriage of Goods by Sea Act 1971 and sets out the rights and immunities in favour of the carrier and define the rights and liabilities of ship owners.
NEWS
Arbitration analysis: The Court of Appeal held that proceedings brought solely to obtain security do not constitute ‘suit’ for the purposes of the one-year time bar in Article III rule 6 of the Hague-Visby Rules: substantive proceedings capable of determining the carrier’s liability must be commenced in time. It also held that, where only part of a non-homogeneous cargo comprising items of differing value is carried on deck, the bill of lading must specifically identify the deck cargo for the Article I(c) exclusion to apply. As the bills did not do so, the Rules, including the time bar, applied to the entire cargo.
GLOSSARY
Used to describe the situation when creditors are required to write off part of their outstanding debt in a restructuring or insolvency.
GLOSSARY
Lawful.
GLOSSARY
The time that it takes for half of the atoms in a radioactive element to decay.
NEWS
Law360: Half of the local government pension schemes (LGPS) in the UK have yet to set a net-zero emissions target, according to a report published on 24 September 2024, which reveals that just 49% of local authority retirement funds have committed to a strategy.
NEWS
Law360: Half of neurodivergent adults have faced discrimination during hiring processes, and a fifth said they had been laughed at, according to a survey carried out for insurance company Zurich.
NEWS
Law360: More than half of women in Britain do not believe they will have enough money to support their income in retirement, findings by an investment management company suggest, amid concerns over the gender pension gap.
GLOSSARY
A half secret trust which will be enforced by the court arises where the fact that the property is given to the legatee upon trust is mentioned in the will but the trusts are not defined by the will.