Template:Process agent capsule: Difference between revisions
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A [[process agent]] for an agreement subject to the jurisdiction the courts of [[England and Wales]] is a business located [[England and Wales|England or Wales]] (or, in theory, their adjacent territorial waters) which accepts service of legal proceedings filed in English courts on behalf of a person who has no permanent place of business in England or Wales. | A [[process agent]] for an agreement subject to the jurisdiction the courts of [[England and Wales]] is a business located [[England and Wales|England or Wales]] (or, in theory, their adjacent territorial waters) which accepts service of legal proceedings filed in English courts on behalf of a person who has no permanent place of business in England or Wales. | ||
The rules of English [[Civil Procedure Rules|civil court procedure]] require notice of legal proceedings (called | The rules of English [[Civil Procedure Rules|civil court procedure]] require notice of legal proceedings (called “[[process]]”) before an English (or Welsh) court to be physically served on the defendant in [[England or Wales]] (or, at the limit, in their adjacent territorial waters<ref>In the [https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part02#2.3 Civil Procedure Rules] the “jurisdiction” is defined as “unless the context requires otherwise, England and Wales ''and any part of the territorial waters of the United Kingdom adjoining England and Wales''” so, therefore, the UK’s territorial waters ''adjoining Scotland or Northern Ireland'' are out of bounds.</ref>. Service in [[Scotland]] — or its territorial waters — will not do. This means you can serve process on someone rowing a boat in the Bristol Channel, but not in Inverness, much less on someone escaping in rowing a boat to, for example, the Isle of Skye. | ||
This means if you have a {{tag|contract}} with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a [[process agent]] on whom you can serve court papers should, heaven forfend, you need to. | This means if you have a {{tag|contract}} with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a [[process agent]] on whom you can serve court papers should, heaven forfend, you need to. | ||
Point | ===[[Jurisdiction]], not [[governing law]]=== | ||
Point for details freaks: it is the ''[[jurisdiction]]'' of the English courts and not English ''[[governing law]]'' law that matters. A contract governed by [[Swiss law]] but subject to the jurisdiction of the English courts<ref>This sounds ridiculous, I know, but it does happen. The JC has personal direct experience.</ref> would still need an English or Welsh process agent. In theory — and, yes, a ripe theory it would be — a contract governed by [[English law]] but subject to the [[exclusive jurisdiction]] of ''Italian'' courts<ref> this sounds ridiculous, I know, and ''is'' ridiculous. That [[JC]] has ''no'' personal direct experience of this (and does not want any, so save your postcards).</ref> would not. | |||
This also means that an agreement subject to some ghastly foreign law and the [[non-exclusive jurisdiction]] of some ghastly foreign courts, and which therefore could, in theory, come before an English or Welsh court, would require a process agent in England, Wales, or their territorial waters for that to happen. This would look most odd in the negotiation process. The JC hereby offers a free bag of sweeties to the first person who can demonstrate the successful negotiation of an English process agent into a foreign law agreement. | |||
Revision as of 15:43, 22 April 2020
A process agent for an agreement subject to the jurisdiction the courts of England and Wales is a business located England or Wales (or, in theory, their adjacent territorial waters) which accepts service of legal proceedings filed in English courts on behalf of a person who has no permanent place of business in England or Wales.
The rules of English civil court procedure require notice of legal proceedings (called “process”) before an English (or Welsh) court to be physically served on the defendant in England or Wales (or, at the limit, in their adjacent territorial waters[1]. Service in Scotland — or its territorial waters — will not do. This means you can serve process on someone rowing a boat in the Bristol Channel, but not in Inverness, much less on someone escaping in rowing a boat to, for example, the Isle of Skye.
This means if you have a contract with a counterparty who has no place of business in England or Wales (or their territorial waters), it will need to appoint a process agent on whom you can serve court papers should, heaven forfend, you need to.
Jurisdiction, not governing law
Point for details freaks: it is the jurisdiction of the English courts and not English governing law law that matters. A contract governed by Swiss law but subject to the jurisdiction of the English courts[2] would still need an English or Welsh process agent. In theory — and, yes, a ripe theory it would be — a contract governed by English law but subject to the exclusive jurisdiction of Italian courts[3] would not.
This also means that an agreement subject to some ghastly foreign law and the non-exclusive jurisdiction of some ghastly foreign courts, and which therefore could, in theory, come before an English or Welsh court, would require a process agent in England, Wales, or their territorial waters for that to happen. This would look most odd in the negotiation process. The JC hereby offers a free bag of sweeties to the first person who can demonstrate the successful negotiation of an English process agent into a foreign law agreement.
- ↑ In the Civil Procedure Rules the “jurisdiction” is defined as “unless the context requires otherwise, England and Wales and any part of the territorial waters of the United Kingdom adjoining England and Wales” so, therefore, the UK’s territorial waters adjoining Scotland or Northern Ireland are out of bounds.
- ↑ This sounds ridiculous, I know, but it does happen. The JC has personal direct experience.
- ↑ this sounds ridiculous, I know, and is ridiculous. That JC has no personal direct experience of this (and does not want any, so save your postcards).