Article 2(1) – Transmitting agencies
The Transmitting Agency is the High Court - Queens Bench - Foriegn Process Section
Article 2(2) – Receiving agencies
The Receiving Agency is the High Court Queens Bench - Foreign Process Section
Article 2(4)(c) – Means of receipt of documents
Documents will be transmitted by fax and post.
Article 2(4)(d) – Languages that may be used for the completion of the standard form set out in Annex I
The standard form will be acceptable in English and French.
Article 3 – Central body
The Senior Master
For the attention of the Foreign Process Section
Royal Courts of Justice
London WC2A 2LL
Tel: +44 20 7947 6691
+44 20 7947 7786
+44 20 7947 6488
+44 20 7947 6327
+44 20 7947 1741
Fax: +44 870 324 0025
Communication will be by means of letter, fax, e-mail and telephone and the central body will be responsible for checking translations.
Article 4 – Transmission of documents
Apart from English, the United Kingdom will accept standard request forms which are completed in French.
Articles 8(3) and 9(2) – Particular periods set by national law for serving documents
The United Kingdom intends to derogate from these provisions on the basis that the complexities of its law on time-limits and limitation periods would only be exacerbated by this Article. It is important that the date of service can be identified with certainty as it determines the time from which a party may enter a default judgment. The UK does not consider that the precise meaning of this provision, and its intended operation in practice, is sufficiently clear; it could therefore increase the potential for confusion. Accordingly it believes that this matter is best left to national law, at least until it has had an opportunity to assess how it works in practice in the other Member States following implementation of the Regulation.
Article 10 – Certificate of service and copy of the document served
Apart from English, the United Kingdom will accept certificates completed in French.
Article 11 – Costs of service
We will not be charging for service.
Article 13 – Service by diplomatic or consular agents
The United Kingdom does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).
Article 15 – Direct service
England and Wales is opposed to the possibility of direct service provided for by Article 15(1).
Article 19 – Defendant not entering an appearance
In accordance with the existing provision of the Hague Convention, courts in the United Kingdom, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 have been met.
Period of time after the judgment has been given within which an application for relief provided for by paragraph 4 may be entertained:
When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.
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