Service of process is a vital concept in the legal system of England and Wales; it refers to the act of delivering court or arbitration documents to a party based outside of England and Wales, even if the party issuing the proceedings is itself based outside of England and Wales.
Examples of legal documents that are typically served under this process – also known as “service of claim” – include summonses, subpoenas, complaints, and insolvency demands.
The importance of a UK-based process agent
If you are reading this as a decision-maker for a non-UK organisation that is entering into an agreement or transaction with an international company under English jurisdiction (even if that company is not British itself), you might have been informed by the other side that you will need to appoint a process agent. In fact, in such contracts the appointment of a UK process agent will often be one of the contract terms themselves.
A process agent in the UK is also sometimes called an “agent for service of process”. Your appointment of a process agent in circumstances like those described above, then, allows for the execution of service of process via an outsourced agent.
In appointing a UK-based process agent, you will be agreeing that service at the process agent’s address constitutes proper service for the purposes of the court procedural requirements.
Your appointment of a UK process agent, then, apart from complying with the terms in your contract, will ensure that in the event of a dispute between your organisation and the other party, the Courts in England will be satisfied that service has been duly effected in accordance with English court procedure rules.
How does service of process work in England and Wales?
Service of process exists to ensure that in the event of legal proceedings being initiated against a particular party in England or Wales, that party will be notified of the legal action, and will have the opportunity to respond.
Civil litigation across England and Wales is regulated by the Civil Procedure Rules (CPR). The service of process procedure lets the defendant know about the existence of the claim, and typically informs them of the particulars of this claim.
In the case of parties located overseas, requirements for the service of a claim are laid out in the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention), as well as in the CRP, the Brussels and Lugano Conventions, Regulation (EC) No. 1393/2007, and the Civil Jurisdiction and Judgements Act 1982.
Naturally, the process server – the independent party who delivers the documents – must ensure the documents are served to the correct recipient, in a timely and professional manner, and in compliance with the above-mentioned rules.
London Registrars can be your organisation’s professional and reliable process agent in the UK
The agent for service of process, then, plays an integral role in the management of contracts under the jurisdiction of England and Wales. So, when you are searching for a reliable and established UK process agent, why look any further than a company – such as London Registrars – that is known for its dependability and cost-effectiveness as a process agent?
Download our process agency brochure today to learn more about the specifics of working alongside London Registrars when it comes to accepting service of process via an outsourced agent. If you have any further questions about any aspect of our service, you are also welcome to call us, on 0044 20 7608 0011.