Process agent: Difference between revisions

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===What is a process agent?===
===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]] (or, at the limit, in adjacent territorial waters). Note: service in [[Scotland]] will not do. This means you can serve process on someone rowing a boat in the Bristol Channel, but not in Glasgow.
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<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>. Note: service in [[Scotland]] will not do. This means you can serve process on someone rowing a boat in the Bristol Channel, but not in Glasgow. Also, if your Process Agent is moored on a barge off the coast of Berwick-upon-Tweed, depending on the prevailing current, you may or may not be able to service process there.


This means if you have a {{tag|contract}} with a counterparty who has no place of business in England, 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. There are many businesses which act as process agents, although they charge rather heavily for doing so. If you have an [[affiliate]], [[agent]] or [[investment manager]] in England or Wales, best ask them if they will accept service on your behalf.
This means if you have a {{tag|contract}} with a counterparty who has no place of business in England, 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. There are many businesses which act as process agents, although they charge rather heavily for doing so. If you have an [[affiliate]], [[agent]] or [[investment manager]] in England or Wales, best ask them if they will accept service on your behalf.