Superior Court Rules

ORDER 121B

SERVICE OF FOREIGN PROCESS (DENMARK AND OUTSIDE THE EU)

[SI 506/05]

1. In this Order, unless the context or subject matter otherwise requires—

‘The Central Authority’ means the Master of the High Court.

‘The Convention’ means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on the 15th November 1965.

‘A Convention Country’ means a country which is party to the Convention, but excludes a country which is a Member State of the European Union in which Regulation No. 1393/2007 (within the meaning of Order 11D, rule 1) is in force.

‘Foreign Country’ means any country which is not a Convention country.

‘Foreign Process’ means any document initiating or relating to proceedings in a Convention country or in a foreign country which have been forwarded to the Central Authority for service in the State.

‘Person’ includes any body corporate.

‘Proceedings’ means any civil or commercial proceedings in any court or Tribunal of a Convention country or of a foreign country.

‘Process Server’ any person designated by the Central Authority or by the Court for that purpose.

[SI 403/17; SI 280/09; SI 506/05; SI 101/94]

Application of this Order

2. This Order applies to the service of any foreign process on any person in the State where the Central Authority:

(a) has received a written request for service on that person from the Central Authority of another Convention country or from an authority or judicial officer competent under the law of the State in which the documents originate, or

(b) has received from the Department of Foreign Affairs a letter of request for service of process from a court or Tribunal of a foreign State on a person in the State with a recommendation from the Minister for Foreign Affairs that it is desirable that effect should be given to such request.

[SI 101/94]

3. When the Central Authority receives any request for service in accordance with rule 2(a) or (b) the following procedure shall be adopted—

(1) If the said request is not a convention request and is not in English then it shall be accompanied by a translation thereof and all requests shall also be accompanied by two copies of the document to be served and two copies of the translation thereof and by two summaries of the document to be served and two copies of the translation thereof, such translations to be certified as correct by a person competent to do so. Such translations shall be into one of the official languages of the State.

(2) In the case of a request from a Convention country the Central Authority shall be satisfied that it conforms to the form set out in the Annex to the Convention and the Central Authority shall promptly inform the applicant of any request which it considers does not comply with the provisions of the Convention and shall specify its objections to the request.

(3) If any particular method of service is requested, the Central Authority may direct service in the manner requested unless satisfied that such method is incompatible with the law of the State or the practice and procedure of the court.

(4) If no particular method of service is requested or if the method requested is either incompatible with the law of the State or the practice and procedure of the court the Central Authority shall direct that personal service be effected upon the person concerned. Such service to be effected by delivery to and leaving with the person concerned one copy of the document to be served and of any translation thereof.

(5) The Central Authority shall direct that service under (3) or (4) above shall be effected by the Chief State Solicitor or by some person or persons designated for that purpose by him or by the Central Authority.

(6) After service has been effected, the process server shall return to the Central Authority one copy of the process together with an affidavit evidencing the service actually effected by the process server and including all circumstances relevant thereto or if service has not been effected he shall return the documents with an affidavit evidencing such attempts at service as may have taken place and the reason why the same has not been effected.

(7) Such affidavit shall contain particulars of and shall verify the cost of effecting or attempting to effect such service and the Central Authority may, in such cases where the cost of the use of a particular requested form of service exceeds the normal cost of effecting service, certify the costs actually incurred and shall certify the cost of service if effected by a competent person or judicial officer.

(8) (i) The Central Authority shall certify in every case in which service has been effected of any process forwarded from a Convention country in the form set out in the Annex to the said Convention and shall forward the same directly to the applicant together with proof of service of the process.

(ii) The Central Authority shall certify in every case in which service has been effected of any process forwarded from a foreign country in the form set out in the Annex to the Convention but omitting any reference thereto and shall forward the same to the Minister for Foreign Affairs together with proof of service of the process.

(9) In any case in which service has not been effected or in which a particular requested form of service has not been effected, the Central Authority may, of its own motion or on the application of the Process Server, where satisfied that it is appropriate, either:—

(a) make such order for substituted service as appears necessary, or

(b) return the request having certified the reasons why service has not been effected.

(10) The Central Authority may prescribe such time for service as appears appropriate and necessary and may, after the expiry of such time or if no time has been fixed after one month from a direction under sub-rule (5) direct the process server to explain why service has not been effected or has not been effected within the time prescribed or why no affidavit has been filed in accordance with sub-rule (6), as the case may be and may make such order as appears proper in the circumstances.

[SI 403/17; SI 101/94]

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