|
|
| Line 1: |
Line 1: |
| ===What is a process agent?===
| | {{g}}{{process agent capsule}} |
| A [[process agent]] is a business located [[England and Wales|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.
| |
| | |
| 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 Glasgow.
| |
| | |
| 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.
| |
|
| |
|
| There are many businesses which act as process agents, although they charge 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. | | There are many businesses which act as process agents, although they charge 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. |