SERVICE ON EU-DOMICILED DEFENDANTS: DIFFICULTIES THAT ARISE WITH THE CLOSURE OF THE FOREIGN PROCESS SECTION

April 21, 2020 · by · in Civil Procedure, Coronavirus, Service of the claim form, Serving documents

I am grateful to barrister James Beeton for drawing my attention to, and giving me permission to cite from, his post on the International Law and Travel Blog “A BIG PROBLEM FOR SERVICE ON EU-DOMICILED DEFENDANTS”

THE CLOSURE OF THE FOREIGN PROCESS SECTION OF THE ROYAL COURTS OF JUSTICE

James points out that the closure of the Foreign Process Section means that there are major difficulties in serving EU-domiciled defendants. In some cases this may be impossible. In particular:-

 

  • In those countries where there is no competent person listed for service it is difficult to see how service can be effected while the FPS is closed.
  • This gives rise to real problems given the strict requirements for issue and service.
  • There may be a solution in relation to service against representatives of insurers in the UK.

These issued are discussed in detail in the post in question.

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