Rule 6.43 Procedure where service is to be through foreign governments, judicial authorities and British Consular authoritiesF1

(1)

This rule applies where F2a party wishes to serve a claim form or any other document under rule 6.42(1) or 6.42(2).

(2)

Where this rule applies, F3that party must file—

(a)

a request for service of the claim form or other document specifying one or more of the methods in rule 6.42(1) or 6.42(2);

(b)

a copy of the claim form or other document;

(c)

any other documents or copies of documents required by F4Practice Direction 6B; and

(d)

any translation required under rule 6.45.

(3)

Where F5a party files the documents specified in paragraph (2), the court officer will—

(a)

seal (GL) the copy of the claim form or other document; and

(b)

forward the documents to the Senior Master.

(4)

The Senior Master will send documents forwarded under this rule—

(a)

where the claim form or other document is being served through the authority designated under the Hague Convention F6or any other Civil Procedure Convention or Treaty, to that authority; or

(b)

in any other case, to F7the Foreign, Commonwealth and Development Office with a request that it arranges for the claim form or other document to be served.

(5)

An official certificate which—

(a)

states that the method requested under paragraph (2)(a) has been performed and the date of such performance;

(b)

states, where more than one method is requested under paragraph (2)(a), which method was used; and

(c)

is made by—

(i)

a British Consular authority in the country where the method requested under paragraph (2)(a) was performed;

(ii)

the government or judicial authorities in that country; or

(iii)

the authority designated in respect of that country under the Hague Convention F8a Civil Procedure Convention or Treaty,

is evidence of the facts stated in the certificate.

(6)

A document purporting to be an official certificate under paragraph (5) is to be treated as such a certificate, unless it is proved not to be.

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 6.43(1) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(i)
F3: Words in rule 6.43(2) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(ii)
F4: Words in rule 6.43(2)(c) substituted (6.4.2010) by The Civil Procedure (Amendment No.2) Rules 2009 (S.I. 2009/3390), rules 1(2), 5(g)(i)
F5: Words in rule 6.43(3) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(iii)
F6: Words in rule 6.43(4) inserted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(iv)
F7: Words in rule 6.43(4)(b) substituted (30.9.2020) by The Transfer of Functions (Secretary of State for Foreign, Commonwealth and Development Affairs) Order 2020 (S.I. 2020/942), art. 1(2), Sch. para. 13(2)(a)
F8: Words in rule 6.43(5) substituted (6.4.2011) by The Civil Procedure (Amendment) Rules 2011 (S.I. 2011/88), rules 1, 4(t)(v)

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)