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Hague Convention of 15 November 1965
 
 
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  COMMUNICATIONS OF THE MEMBER STATES
 
 
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  TRANSMISSION OF DOCUMENTS: LANGUAGES
 
 

Article 4 - Transmission of documents

 

Apart from English, the United Kingdom will accept standard request forms which are completed in French.

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  REFUSAL TO ACCEPT A DOCUMENT
 
  You will shortly find on this page useful information on this theme.
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  DATE OF SERVICE
 
 

Article 9 - Date of service

 

The United Kingdom intends to derogate from these provisions on the basis that the complexities of its law on time-limits and limitation periods would only be exacerbated by this Article. It is important that the date of service can be identified with certainty as it determines the time from which a party may enter a default judgment. The UK does not consider that the precise meaning of this provision, and its intended operation in practice, is sufficiently clear; it could therefore increase the potential for confusion. Accordingly it believes that this matter is best left to national law, at least until it has had an opportunity to assess how it works in practice in the other Member States following implementation of the Regulation.

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  CERTIFICATE OF SERVICE AND COPY OF THE DOCUMENTS SERVED: LANGUAGES
 
 

Article 10 - Certificate of service and copy of the documents served

 

Apart from English, the United Kingdom will accept certificates completed in French.

Northern Ireland would prefer that the documents be in English, which is the official language.

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  COSTS OF SERVICE
 
 

Article 11- Costs of service


1. England and Wales:
We will not be charging for service.


2. Scotland
Costs of service by Messengers-at-Arms: (i) £137.10 for personal service; and (ii) £43.70 for postal service. For clarification, this cost for postal service does not apply to postal service under Article 14.

3. Northern Ireland:
A fee of £45 is charged although there is no fee payable for service on a limited company. To clarify this, documents to be served on individuals are served personally but service on limited companies is effected by post.

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  SERVICE BY DIPLOMATIC OR CONSULAR AGENTS
 
 

Article 13 - Service by diplomatic or consular agents

 

The United Kingdom does not intend to oppose the exercise in its territory of the right conferred by Article 13(1).

 

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  DIRECT SERVICE
 
 

Article 15 - Direct service

 

1. England and Wales:
England and Wales is opposed to the possibility of direct service provided for by Article 15(1).

 

2. Northern Ireland:
Northern Ireland is opposed to the possibility of direct service provided for by Article 15(1).

 

3. Scotland:
Scotland does not oppose the possibility of direct service provided for by Article 15(1).

 

4. Gibraltar:
Gibraltar does not oppose the possibility of direct service provided for by Article 15(1).

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  DEFENDANT NON ENTERING AN APPEARANCE
 
 

Article 19 - Defendant non entering an appearance

 

In accordance with the existing provision of the Hague Convention, courts in the United Kingdom, notwithstanding paragraph 1, may give judgment if all the conditions of paragraph 2 have been met.

 

Period of time after the judgment has been given within which an application for relief provided for by paragraph 4 may be entertained:

 

1. England, Wales and Northern Ireland:
When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.

 

2. Scotland:
No later than the expiry of one year from the date of decree - this would be in line with the Hague Convention and is the period incorporated in Scotland's court rules.

 

3. Gibraltar:
When considering setting aside a judgment in default, the court must have regard to whether the person seeking to set aside the judgment made an application to do so promptly.

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  AGREEMENTS OR ARRANGEMENTS TO WHICH MEMBER STATES ARE PARTIES
 
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  MEANS OF RECEIPT OF DOCUMENTS
 
 

Documents will be transmitted by fax and post.

 
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