Foreign Process Section
The Foreign Process Section (FPS) at the Royal Courts of Justice (RCJ) is the Central Authority for England and Wales which deals with requests for mutual legal assistance in civil or commercial matters, including requests for service of documents outside the United Kingdom or the taking of evidence outside the United Kingdom. Certain requests must always be transmitted via the FPS as the Forwarding Authority for England and Wales.
Service of documents outside the United Kingdom
The methods of service where documents are to be served outside the United Kingdom are addressed at CPR rr 6.40 to 6.47 and PD6B. They include: service through foreign governments, judicial authorities and British Consular authorities; service by any method permitted by a Civil Procedure Convention or Treaty (most significantly the Hague Convention Of 15 November 1965 on The Service Abroad of Judicial And Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention”); and service by any other method permitted by the law of the country of service.
For the methods of service listed below, it is necessary to send the documents to the FPS with a request for service:
• Service under Article 5 of the Hague Service Convention – check the status table (external link) to see whether a state is a signatory to the Hague Service Convention.
• Service through foreign governments, judicial authorities or British Consular authorities.
Service under Article 5 of the Hague Service Convention – CPR r 6.40(3)(b)
An Article 5 request is a request from the FPS to the Central Authority of a contracting state which asks them to serve a document in compliance with the contracting state’s domestic law and procedure.
The Article 5 checklist (Word doc) has been designed to ensure that a request transmitted pursuant to Article 5 complies with the Hague Service Convention and can be processed and forwarded on a timely basis. Please also refer to the HCCH guidance (PDF). In order to assist the FPS to process your Article 5 request speedily, please complete the checklist and send the completed checklist to the FPS, along with the other documents.
Two identical sets of documents must be prepared in accordance with the Article 5 Checklist and submitted to the FPS, in addition to the Hague Request Form and Form N224. Both sets of documents will be processed and forwarded to the Central Authority of the state of destination. The service set will be served, and the return set will come back to the FPS with a letter / document confirming that the documents have been served. You will receive back the return set of documents and a confirmation of service from the relevant authority, and you will also receive a confirmation letter from the FPS stating the evidence of service.
If the documents are not served, you will receive both sets back along with confirmation from the relevant authority and the FPS stating that service was unsuccessful.
Service through foreign governments or British Consular authorities – CPR r 6.40(3)(a)(ii), r 6.42(1)(b)(ii) & (2), r 6.43
If the documents are to be served through the relevant foreign government or British Consular authorities in the foreign state, the documents should be sent to the FPS with a request for service specifying the relevant method and any translations required (see CPR rr 6.43 and 6.45). If you are unsure which method of service is appropriate for the relevant country, contact the FPS who can provide the relevant information.
The FPS will then forward the documents to the Foreign, Commonwealth and Development Office (FCDO) with a request that it arrange service via the appropriate authorities. The FCDO will charge a £150 consular fee for this service, which you must pay to the FCDO before sending the documents to the FPS: see the government’s service of documents and taking of evidence page (external link). A receipt for this payment should be enclosed with the request for service sent to the FPS.
Service via alternative channels under Article 10 of the Hague Service Convention
Article 10 of the Hague Service Convention states that, provided the state of destination does not object, the Convention shall not interfere with service by postal channels (article 10(a)) or service directly through the judicial officers, officials or other competent persons of the state of destination (articles 10(b)/(c)).
If considering using one of these channels, you must check that the state of destination does not object – see the “Res//D/N/DC” column in the status table (external link).
In these cases, there is no need for the FPS to get involved (although the FPS will continue to accept and process cases for service by postal channels, if requested). You should prepare the documents for service, and any relevant translations, and then follow one of the routes below:
• Send the documents direct to the defendant in the foreign country using a relevant postal service (article 10(a)). The Convention does not describe what postal channels are permitted, but it is advisable to use international tracked mail.
• Liaise directly with the relevant judicial officers, officials or other competent persons in the foreign country to arrange for them to serve the documents on the defendant (articles 10(b)/(c)). The relevant persons will vary from country to country but may for example include local solicitors or process servers. The FPS does not have a directory of foreign process servers or other officials, and it is your responsibility to research this.
The Model Form request for service annexed to the Convention is not compulsory for service via the alternative channels but it is recommended to use the part of the form containing the Summary accompanied by the Warning.
Service direct and service through judicial authorities, in non-Hague countries – CPR r 6.42(1)(b)(i) & (3)
For some countries that are not covered by the Hague Service Convention, it is not possible to serve through the FPS and/or FCDO routes and you must effect “service direct” (see CPR r 6.42(3)). This applies to:
• The Isle of Man and Channel Islands
• The British Overseas Territories (see the list at PD 6B para. 5.2)
This also applies to certain Commonwealth States which are not covered by the Hague Service Convention – but NB some such states require service to be via judicial authorities, i.e., as if under CPR r 6.42(1)(b)(i); if so, service will be valid only if effected via those judicial authorities (see PD 6B para.5.1 and Privinvest Shipbuilding SAL (Holding) v Nyusi [2024] EWCA Civ 184). For information on which non-Hague Commonwealth States require service via judicial authorities, please contact the FPS. For all others, you must effect “service direct” in accordance with CPR r.6.42(3).
Contact information:
Foreign Process Section
Room E16
Royal Courts of Justice
Strand
London WC2A 2LL