If your organisation has been attempting to finalise a contractual arrangement with another party that may be based in another country or jurisdiction, you are likely to have been told that you must appoint an “agent for service of process” as part of this.
The exact term “agent for service of process” may not have been used – common synonyms include “registered agent” and “process agent”.
Regardless, if the above describes your situation and you are anxious to seal the deal with the other party – perhaps because, for instance, you are trying to raise a loan from a City institution that would give your business a much-needed injection of funds – you might wish to know more about what “service of process” is.
‘Service of process’ is a vital concept in the English legal system
To put it simply, “service of process” refers to the legal process of delivering documents to a party involved in a court proceeding. It is also known as “service of claim” in England and Wales.
The service of process procedure exists in order to let the defendant know that a claim has been made against them, in addition to providing them with details on the claim. The service of claim requirements are set out in Part 6 of the Civil Procedure Rules (CPR).
In any situation where a contractual relationship is struck between two parties, there is – of course – always the risk of a dispute occurring between them. This underlines why service of process, and the role of a process agent, are so important.
The court procedure rules in England make clear that in order for proceedings to start, papers must be served correctly. So, this will apply if the contract between the parties in question is subject to the English and Welsh legal system.
As curious as it might seem to some people in today’s highly digitally connected world, service of process cannot be done via a phone call or email. Instead, the process server – the trained professional responsible for delivering the relevant legal documentation to the defendant in the case – must notify the defendant in person of the proceedings against them.
This can make the service of process procedure complicated and cumbersome if the defendant isn’t based in England and doesn’t have any official address there.
A process agent simplifies service of process where a party does not have a UK address
Let’s return, then, to the subject of the contract you are trying to finalise.
The idea behind requiring you to appoint a UK-based process agent as part of the agreement is that if a legal dispute does arise with the other party, service at the address of your process agent will constitute proper service as far as the court procedural requirements are concerned.
The appointment of a process agent, then, will save the other party from having to attempt to serve papers to your organisation outside England and Wales.
If you have any further questions about service of process via an outsourced agent, or if you would like to find out more about London Registrars’ own ability to serve as that agent for your organisation, please feel free to contact us. Our process agent service brochure is also available to download.