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15 December 2011 / Patrick Wheeler
Issue: 7494 / Categories: Features , Legal services , EU , Profession
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Due process

Patrick Wheeler explains how to ensure effective service at home & abroad

You vaguely remember him. The keen US lawyer whose card you have lost (but who has kept yours) and who has now e-mailed you to ask how to serve his US district court claim as quickly as possible on an English resident.

Section V of CPR Pt 6 sets out the procedure that can be used where any document in connection with civil or commercial proceedings in a foreign court or tribunal is to be served in England or Wales (CPR 6.48 to 6.52). These rules do not apply in circumstances where the EU Service Regulation applies (CPR 6.48), but the proceedings in question were issued in a US District Court, so the EU Service Regulation does not apply.

The Hague Convention

The CPR makes clear that reference must also be had to the relevant Civil Procedure Convention. In this case it will be the 1965 Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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