Hague Service Convention—service outside the jurisdiction
Published by a LexisNexis Dispute Resolution expert
Practice notesHague Service Convention—service outside the jurisdiction
Published by a LexisNexis Dispute Resolution expert
Practice notesThis Practice Note considers the Convention on the service abroad of judicial and extra-judicial documents in civil or commercial matters (1965) (the Hague Service Convention). The convention applies between contracting parties and sets out how to effect service of documents.
This Practice Note does not deal with the question of whether the court’s permission is required to serve documents outside England and Wales (England). For guidance, see Practice Notes: Cross-border service—a guide for Dispute resolution practitioners and Cross-border service—is permission required to serve a defendant who is outside England and Wales?.
For an understanding of the convention, the Hague Convention on Private International Law (HCCH) publishes a note of useful FAQs, as well as a two-page outline. It also provides a detailed Practical Handbook on the Operation of the Service Convention which would need to be purchased. Note, the handbook superseded the Explanatory Report on the Hague Service Convention, see: HCCH confirm the explanatory report has been superseded.
Definitions
Definitions used in this Practice Note:
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addressee—the person to be served
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applicant—this is the authority or
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