Broadly speaking, procedures are in place to ensure that documents relating to civil and commercial matters can be served in a country in accordance with internationally agreed standards.
It ensures for example, that where court proceedings have commenced in Scotland, documents can be proved to have been properly served in another country to satisfy rules of court.
Procedures on service are regulated by international conventions. These conventions ensure that service is conducted according to the law of the country concerned. There are two conventions in use. These are:
- Regulation (EC) No. 1393/2007 - This Council Regulation applies to all EU countries.
- The Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial matters (the Hague Convention) - documents can only be served in countries that have ratified the Hague Convention.
The Scottish Government's EU and International Law Branch, acting on behalf of Scottish Ministers, is the designated Central Authority for Scotland which deals with requests for service of documents abroad, and also receives requests from foreign countries for service of documents in Scotland.
If service cannot be effected in any country to which the above procedures apply, there may be alternative arrangements in place. Advice should be sought from the Foreign and Commonwealth Office. Their number is 0203 102 5147.
The Central Authority for Scotland contacts are:
Alan Finlayson 0131 244 2417
Email: alan.finlayson@scotland.gsi.gov.uk
Elizabeth Mathison 0131 244 4825
Email: elizabeth.mathison@scotland.gsi.gov.uk
Contact the Scottish Government:
EU and International Law Branch
Civil Law Division
St Andrew's House - 2W
Regent Road
Edinburgh
EH1 3DG