The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

ORDER 69 SERVICE OF FOREIGN PROCESS

Definitions

1.  In this Order—

“Crown Solicitor” means the Crown Solicitor for Northern Ireland.

“Master” means the Master (Queen's Bench and Appeals);

“process” includes a citation;

“Secretary of State” means Her Majesty's Principal Secretary of State for Foreign and Commonwealth Affairs.

[E.r. 1]

Service of foreign legal process

2.—(1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal requesting service on a person in Northern Ireland or any such process sent with the letter is received by the Secretary of State and is sent by him to the Supreme Court with an intimation that it is desirable that effect should be given to the request.

(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a translation thereof in English, by two copies of the process to be served and by two copies of a translation of the process in English.

(3) Subject to paragraph (4) and to any statutory provision which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.

Service shall be effected by the process server appointed under rule 5 or his authorised agent.

(4) Where an application in that behalf is made by the Crown Solicitor with the consent of the Treasury, the Court may make an order for substituted service of the process, and, where such an order is made, service of the process shall be effected by taking such steps as the Court may direct to bring the process to the notice of the person to be served.

(5) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall leave with the Master a copy of the process, an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, a copy of that affidavit and a statement of the costs incurred in effecting, or attempting to effect, service.

(6) The Master shall give a certificate—

(a) identifying the documents annexed thereto, that is to say, the letter of request for service, a copy of the process received with the letter and a copy of the affidavit referred to in paragraph (5);

(b) certifying that the method of service of the process and the proof of service are such as are required by the rules of the Supreme Court regulating the service of process of that Court in Northern Ireland or. if such be the case, that service of the process could not be effected for the reason specified in the certificate; and

(c) certifying that the cost of effecting, or attempting to effect, service, as certified by the Master (Taxing Office), is the amount so specified.

(7) The certificate given under paragraph (6) shall be sealed with the seal of the Supreme Court and shall be sent to the Secretary of State.

[E.r. 2]

Service of foreign legal process under Civil Procedure Convention

3.—(1) This rule applies in relation to the service of any process required in connection with civil or commercial proceedings pending before a court or other tribunal of a foreign country, being a country with which there subsists a Civil Procedure Convention providing for service in Northern Ireland of process of the tribunals of that country, where a letter of request from a consular or other authority of that country requesting service on a person in Northern Ireland of any such process sent with the letter is received by the Master.

(2) In order that service of the process may be effected in accordance with this rule the letter of request must be accompanied by a copy of a translation of the process to be served in English.

(3) Subject to any statutory provision which provides for the manner in which documents may be served on bodies corporate and to any special provisions of the relevant Civil Procedure Convention, service of the process shall be effected by leaving the original process or a copy of it, as indicated in the letter of request, and a copy of the translation with the person to be served.

Service shall be effected by the process server appointed under rule 5 or his authorised agent.

(4) After service of the process has been effected or (if such be the case) attempts to effect service of it have failed, the process server shall leave with the Master an affidavit made by the person who served, or attempted to serve, the process stating when, where and how he did or attempted to do so, and a statement of the costs incurred in effecting, or attempting to effect, service.

(5) The Master shall give a certificate certifying—

(a) that the process or a copy thereof, as the case may be, was served on the person, at the time, and in the manner, specified in the certificate or, if such be the case, that service of the process could not be effected for the reason so specified, and

(b) that the cost of effecting, or attempting to effect, service, as certified by the Master (Taxing Office), is the amount so specified.

(6) The certificate given under paragraph (5) shall be sealed with the seal of the Supreme Court and shall be sent to the consular or other authority by whom the request for service was made.

[E.r. 3]

Costs of service, etc. to be certified by the Master (Taxing Office)

4.  A statement of the costs incurred in effecting, or attempting to effect, service under rule 2 or rule 3 shall be submitted to the Master (Taxing Office) who shall certify the amount properly payable in respect of those costs.

[E.r. 4]

Appointment of process server

5.  The Lord Chancellor may appoint a process server for the purposes of this Order.

[E.r. 5]