Process agent: Difference between revisions

no edit summary
(Created page with " ===What is a process agent?=== The rules of English civil procedure require process of legal proceeding before an English (or Welsh) Court to be served in England or Wales (o...")
 
No edit summary
 
(18 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{a|negotiation|{{subtable|{{process service rule 6.11}}}}}}{{process agent capsule}}


===What is a process agent?===
===Who needs one? ===
The rules of English civil procedure require process of legal proceeding before an English (or Welsh) Court to be served in England or Wales (or, at the limit, in adjacent territorial waters). Note: service in Scotland will not do. This means you can serve process on someone in the Bristol Channel, but not in Glasgow.
Any counterparty who does not have a permanent place of business in England or Wales. Or their adjacent territorial waters. Process agents are standard in {{tag|English law}} {{tag|contract}}s with overseas counterparties.
===How do I get a one?===
Many corporate trust and agency businesses act as process agents, although they charge outrageously for the service. Law firms used to do it, but they charged even more, and even then complained they couldn’t make any money out of it.  


A [[process agent]] is a business located England or Wales (or, in theory, adjacent territorial waters) which accepts service of legal proceedings filed in English courts on behalf of a person who has no place of business in England or Wales.
If you have an [[affiliate]], [[agent]] or [[investment manager]] or buddy in England or Wales, best ask them if they will accept service on your behalf.
====It would make a great play====
It would be kind of cool to set up a process agency business on a barge moored in the Bristol Channel, just to make service on that process agent as hard as is humanly possible, and potentially impossible if a great storm blew in from the Atlantic on the last day of the statute of limitations.  Would make a great play. Actually, now you mention it - [[The ISDA Protocol]]. We quite like the idea of a process agent so in thrall to McKinsey that it has outsourced its whole operation to India


===Who needs one? ====
====Careful with the territorial waters ====
Any counterparty who does not have a permanent place of business in England or Wales. Process agents are standard in English law contracts with overseas counterparties.
If your [[process agent]] ''is'' moored on a barge — say, off the coast of Berwick-upon-Tweed — then depending on the prevailing current, you may or may not be able to service process there.
===A process agent in New York?===
{{New York process agent capsule}}


===See also===
{{sa}}
*{{isdaprov|Process Agent}}
*{{isdaprov|Process Agent}} - ISDA provision
*[https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06 Part 6 of the Civil Procedure Rules, governing the service of process]
{{ref}}