Rule 12.12 Service outside the jurisdictionI1

England and Wales

F1(1)

F2CPR Part 6, paragraphs 6.17 to 6.35 (service of process, etc., out of the jurisdiction) F3do not apply in insolvency proceedings.

(2)

A bankruptcy petition may, with the leave of the court, be served outside England and Wales in such manner as the court may direct.

(3)

Where for the purposes of insolvency proceedings any process or order of the court, or other document, is required to be served on a person who is not in England and Wales, the court may order service to be effected within such time, on such person, at such place and in such manner as it thinks fit, and may also require such proof of service as it thinks fit.

(4)

An application under this Rule shall be supported by an affidavit stating—

(a)

the grounds on which the application is made, and

(b)

in what place or country the person to be served is, or probably may be found.

F4(5)

Leave of the court is not required to serve anything referred to in this Rule on a member State liquidator.

Annotations

Textual amendments

F1: Rule 12.12(1) substituted (26.4.1999) by The Insolvency (Amendment) (No. 2) Rules 1999 (S.I. 1999/1022), rule 1, Sch. para. 13
F2: Words in rule 12.12(1) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 46
F3: Word in rule 12.12(1) substituted (1.4.2005) by The Insolvency (Amendment) Rules 2005 (S.I. 2005/527), rules 1(2), 46
F4: Rule 12.12(5) inserted (31.5.2002) by The Insolvency (Amendment) Rules 2002 (S.I. 2002/1307), rules 1, 10(5) (with rule 3)

Commencement

I1: Rule 12.12 in force at 29.12.1986, see rule 0.1