Rule 6.42 Service through foreign governments, judicial authorities and British Consular authoritiesF1

(1)

Where F2a party wishes to serve a claim form or any other document F3... in any country which is a party to a Civil Procedure Convention F4or Treaty providing for service in that country, it may be served—

(a)

through the authority designated under the Hague Convention F5or any other Civil Procedure Convention or Treaty (where relevant) in respect of that country; or

(b)

if the law of that country permits—

(i)

through the judicial authorities of that country, or

(ii)

through a British Consular authority in that country (subject to any provisions of the applicable convention about the nationality of persons who may be served by such a method).

(2)

Where F6a party wishes to serve a claim form or any other document F7... in any country with respect to which there is no Civil Procedure Convention F8or Treaty providing for service in that country, the claim form or other document may be served, if the law of that country so permits—

(a)

through the government of that country, where that government is willing to serve it; or

(b)

through a British Consular authority in that country.

(3)

Where F9a party wishes to serve the claim form or other document in—

(a)

any Commonwealth State which is not a party to the Hague Convention F10or is such a party but HM Government has not declared acceptance of its accession to the Convention;

(b)

the Isle of Man or the Channel Islands; or

(c)

any British overseas territory,

the methods of service permitted by paragraphs (1)(b) and (2) are not available and F11the party or the F12party’s agent must effect service direct, unless F13Practice Direction 6B provides otherwise.

(A list of British overseas territories is reproduced in paragraph 5.2 of F14Practice Direction 6B.)

Annotations

Textual amendments

F1: Pt. 6 substituted (1.10.2008) by The Civil Procedure (Amendment) Rules 2008 (S.I. 2008/2178), rule 1(2), Sch. 1
F2: Words in rule 6.42(1) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(i)(aa)
F3: Words in rule 6.42(1) omitted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(i)(bb)
F4: Words in rule 6.42(1) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(i)(cc)
F5: Words in rule 6.42(1) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(i)(dd)
F6: Words in rule 6.42(2) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(ii)(aa)
F7: Words in rule 6.42(2) omitted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(ii)(bb)
F8: Words in rule 6.42(2) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(ii)(cc)
F9: Words in rule 6.42(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(iii)(aa)
F10: Words in rule 6.42(3) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(iii)(bb)
F11: Words in rule 6.42(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(iii)(cc)
F12: Word in rule 6.42(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(s)(iii)(dd)
F13: Words in rule 6.42(3) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(g)(i)
F14: Words in rule 6.42 substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(g)(ii)

Notes on Part 6

Textual amendments

F2: Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(a) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Pt. 6 Table of Contents substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(ii)
F4: Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(b)(i) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(b)(ii) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Pt. 6 Table of Contents inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(iii)
F7: Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(c) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F8: Words in Pt. 6 Table of Contents inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(a)(v)
F9: Words in Pt. 6 Table of Contents omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 4(2)(d) (with reg. 18) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1: Pt. 6 applied (25.2.2009) by The Bank Insolvency (England and Wales) Rules 2009 (S.I. 2009/356), rules 1, 270, 271 (with rule 3)
C2: Pt. 6 applied (1.11.2009) by The Water Industry (Special Administration) Rules 2009 (S.I. 2009/2477), rules 2, 122
C3: Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 263
C4: Pt. 6 applied (15.11.2010) by The Building Society Insolvency (England and Wales) Rules 2010 (S.I. 2010/2581), rules 1, 262
C5: Pt. 6 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 234-238 (with rule 5)
C6: Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 168 (with rules 3, 208)
C7: Pt. 6 applied (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 171 (with rules 3, 208)
C8: Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 172 (with rules 3, 210)
C9: Pt. 6 applied (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 170(1) (with rules 3, 210)
C10: Pt. 6 applied (with modifications) (6.4.2017) by The Insolvency (England and Wales) Rules 2016 (S.I. 2016/1024), rule 1, Sch. 4 para. 1 (with rule 3(3), Sch. 2)
C11: Pt. 6 applied (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rule 1, Sch. 2 para. 1 (with rule 1.2)
C12: Pt. 6 applied (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 170(5) (with rules 4(1), 156)
C13: Pt. 6 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 196-200 (with rule 5)
C14: Pt. 6 applied (with modifications) (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 158 (with rule 2)