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A [[process agent]] for an [[ | 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 “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 | 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 someone 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 of detail: 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. | |||
Revision as of 15:34, 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 someone 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.
Point of detail: 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.
- ↑ 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).