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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 an agent located ''in'' [[England and Wales|England or Wales]] (or, in theory, their adjacent territorial waters) who accepts service of legal proceedings filed in those courts for someone who is ''not'' in England or Wales — technically, who has no permanent place of business here. | A [[process agent]], for an agreement subject to the jurisdiction the courts of [[England and Wales]], is an agent located ''in'' [[England and Wales|England or Wales]] (or, in theory, their adjacent territorial waters) who accepts service of legal proceedings filed in those courts for someone who is ''not'' in England or Wales — technically, who has no permanent place of business here. | ||
The rules of English | The [https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part02#2.3 rules of English civil court procedure]<ref>Rule 6.11 of Part 6, details freaks.</ref> requires a claim (in the trade called “[[process]]”) brought 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, those of the Her Majesty’s territorial waters which ''adjoin 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. | ||