The Gazette 1996

Serving Irish judicial documents

abroad

To serve an Irish judicial document

abroad, it must be forwarded to the

central authority of the state concerned

by a "judicial officer" in Ireland

For Ireland a practising solicitor, a

country registrar, a district court clerk

and the Master of the High Court are

deemed to be "judicial officers"

This gives a number of different

methods open to a solicitor wishing

to serve an Irish judicial document

abroad.

Through the Master of the High

Court.

The judicial document can be

forwarded through the Master to the

central authority of the relevant state

where it will be served in accordance

with the convention. If a solicitor

wishes to do so he needs to lodge a

request for service of the document

and a copy in the form set out in

the annex to the convention, two

copies of the document with an

additional copy for each person to be

served and an undertaking to pay the

costs of service.

Through a solicitor.

Alternatively, the

solicitor can forward the document

himself to the central authority of that

state with a request for service by it.

Where a solicitor wishes to do this,

reference must be made to the office of

the Master of the High Court to find out

the address of the foreign central

authority to which the document or

process should be sent. A full list is

maintained there. This office also

maintains a list of objections made

by contracting states when ratifying

the convention.

Where a solicitor wishes to effect

service himself but wishes to ensure

that all the relevant documents have

been included by him before sending

them to the foreign central authority,

he can go through the approval

procedure. This is a procedure

provided for in Order 1 IB, Rule 3(3),

whereby the Master may certify that

the necessary conditions for

transmission to the central authority of

the foreign state have been complied

with. If the papers are not in order, the

Master is to inform the solicitor,

specifying the reasons.

If the state concerned does not object,

the solicitor can seek to effect service

with the help of those competent to

serve such documents in that state. If

ordered by an Irish court, and if the state

concerned permits it, a solicitor may

serve the documents by post.

Through diplomatic channels.

The

convention also allows the use of

diplomatic channels for service". It

allows service through diplomatic or

consular agents. Unsurprisingly, the

cost of effecting service is borne by the

party requesting it.

Judgment in default

In order to obtain judgment in default of

appearance on foot of a summons

served under the Hague Convention, it

must be established that the defendant

was served in accordance with the

convention's provisions in sufficient

time for the defendant to defend the

proceedings. Where the central

authority of the state was used to effect

service, a certificate in the required form

must be used as proof of proper service.

Judgment in default can be given even if

the certificate is not received provided

that service was effected in accordance

with the convention, not less than six

months had elapsed since transmission

of the documents and that every

reasonable effort had been made to

obtain a certificate.

Brussels and Lugano conventions

There is an interrelationship between

the Lugano and Brussels conventions on

Jurisdiction and Enforcement of

Judgments in Civil and Commercial

Matters

and the Hague Convention.

Article IV of an annexed protocol to

these conventions provides:

"Judicial and extrajudicial documents

drawn up in one contracting state

which have to be served on persons

in another contracting state shall be

transmitted in accordance with the

procedures laid down in the

conventions and agreements

concluded between the contracting

states."

All of the parties to these conventions

are parties to the Hague Convention.

Thus, the provisions of the Hague

Convention govern service of judicial

and extrajudicial documents in cases

coming within the terms of the Brussels

and Lugano conventions.

TP Kennedy is Education Officer in the

Law Society's Law School.

References

1.Cmnd 3986(1969).

2. SI No 101 of 1994 inserts a new Order 1 IB

and 12A into the

Rules of the Superior

Courts.

3. SI No 120 of 1994 introduced the

District

Court (Service Abroad of Documents in Civil

or Commercial Matters) Rules, 1994.

Article 2.

5.(1990) 29 ILM 1072.

6. Article 1.

7. Order 121 A, Rule 3(2).

8. Order 121 A, Rule 3(9).

9. Article 3 of the convention.

10. Order 1 IB, Rule 2(3).

11. Articles 8 and 9.

•

Prompt Payment Bill

The Government has given the go-ahead

to the drafting of the

Prompt Payment

Bill

proposed by Enterprise Minister

Richard Bruton. The legislation will

ensure that all public bodies pay their

suppliers promptly. Late payment is

generally regarded as one of the

biggest problems facing small

businesses in this country. One key

aspect of the proposed Bill is the

introduction of a penalty regime for late

payers. "The legislation will provide for

an automatic entitlement to interest in

respect of late payments", said

Minister Bruton.

•

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