Rule 9 Service through the court

Where service is effected through the court, the applicant shall file a request in that behalf in Form 280, together with a copy thereof and two copies of the process to be served.

The request shall indicate whether the applicant wishes service to be effected—

Where the party to be served is a State, as defined in section 14 of the State Immunity Act 1978, the request shall indicate that fact and that the-applicant is willing for service to be effected by whatever method the Secretary of State may choose.

The applicant shall file with the request two copies of a translation of the process in the language of the country of service, certified by or on behalf of the applicant to be a correct translation:

Provided that this paragraph shall not apply where the official language or one of the official languages of the country of service is English, or service is to be effected on a United Kingdom national directly through the British Consul, unless the country of service is a convention country and the convention requires a translation.

^f1 Where the leave of the court is required to serve a process out of Northern Ireland, the applicant shall file with the request a copy of the order of the court granting such leave.]

The chief clerk shall seal the two copies of the process and the translations (if any), and shall forward them and the request to the Lord Chancellor.

An official certificate or declaration upon oath or otherwise of the judicial authority, central authority or government of the country of service or of the British consular authority in that country transmitted by the Lord Chancellor to the chief clerk of the county court, shall be received as evidence of the facts certified or declared with regard to the service or attempted service of the process.

Where the process has been served through the court in accordance with the law of the country of service, the service shall be deemed to be good service.

Where it appears from the certificate or declaration that the process has been duly served upon the respondent, the certificate or declaration shall be an equivalent substitute for any affidavit or certificate of service required by these Rules.

Where, pursuant to an order for substituted service, a document is required to be transmitted through the court to the country of service, the provisions of this Rule shall apply with the necessary modifications.