The Gazette 1996

Convention govern service of judicial and extrajudicial documents in cases coming within the terms of the Brussels and Lugano conventions.

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. 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. 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 Judgment in default Brussels and Lugano conventions

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 9 . 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" 10 . 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, 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. he can go through the approval procedure. This is a procedure

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. 4. 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.

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