The Rules of the Supreme Court (Amendment) 1980

Service of process abroad and State immunity

5.  Order 11 shall be amended as follows:—

(1) Rule 6(1) shall be amended by inserting, at the beginning of the paragraph, the words “Save where notice of a writ is to be served pursuant to paragraph (2A),” and by substituting, for sub-paragraphs (c) and (d), the following sub-paragraphs:—

“(c)any associated state;

(d)any colony;

(e)the Republic of Ireland.”

(2) For the existing Rule 7 there shall be substituted the following rule:—

“7.—(1) Subject to paragraph (4), where a person to whom leave has been granted under Rule 1 to serve notice of a writ on a State, as defined in section 14 of the State Immunity Act 1978, wishes to have the notice served on that State, he must lodge in the Central Office—

(a)a request for service to be arranged by the Secretary of State; and

(b)a copy of the notice; and

(c)except where the official language of the State is, or the official languages of the State include, English, a translation of the notice in the official language or one of the official languages of that State.

(2) Rule 6(6) shall apply in relation to a translation lodged under paragraph (1) of this Rule as it applies in relation to a translation lodged under paragraph (5) of that Rule.

(3) Documents duly lodged under this Rule shall be sent by the senior master to the Secretary of State with a request that the Secretary of State should arrange for the notice to be served.

(4) Where section 12(6) of the State Immunity Act 1978(1) applies and the State has agreed to a method of service other than that provided by the preceding paragraphs, the writ or notice of the writ may be served either by the method agreed or in accordance with the preceding paragraphs of this rule.”

(3) The following rule shall be added after Rule 9:—

“Service abroad of county court process

10.  Rule 6(7) shall apply, with the necessary modifications, to any county court documents sent to the senior master for service abroad in accordance with the County Court Rules, and every certificate or declaration of service received by the senior master in respect of such service shall be transmitted by him to the registrar of the county court concerned.”

6.  Order 13 shall be amended by inserting, after rule 7, the following rule:—

“Judgment against a State

7A.—(1) Where the defendant is a State, as defined in section 14 of the State Immunity Act 1978 (“the Act”), the plaintiff shall not be entitled to enter judgment under this Order except with the leave of the Court.

(2) An application for leave to enter judgment shall be supported by an affidavit—

(a)stating the grounds of the application,

(b)verifying the facts relied on as excepting the State from the immunity conferred by section 1 of the Act, and

(c)verifying that the writ, or notice of the writ, has been served by being transmitted through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State, or in such other manner as may have been agreed to by the State, and that the time for acknowledging service, as extended by section 12(2) of the Act (by two months) where applicable, has expired.

(3) The application may be made ex parte but the Court hearing the application may direct a summons to be issued and served on that State, for which purpose such a direction shall include leave to serve the summons and a copy of the affidavit out of the jurisdiction.

(4) Unless the Court otherwise directs, an affidavit for the purposes of this Rule may contain statements of information or belief with the sources and grounds thereof, and the grant of leave to enter judgment under this Order shall include leave to serve out of the jurisdiction—

(a)a copy of the judgment, and

(b)a copy of the affidavit, where not already served.

(5) The procedure for effecting service out of the jurisdiction pursuant to leave granted in accordance with the Rule shall be the same as for the service of notice of the writ under Order 11, rule 7(1), except where section 12(6) of the Act applies and an alternative method of service has been agreed.”

7.  Order 42 shall be amended as follows:—

(1) Rule 3(1) shall be amended by inserting, at the beginning, the words “Subject to the provisions of Rule 3A”.

(2) After rule 3 there shall be inserted the following rule:—

“Judgment against a State

3A.—(1) Where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 1978, the judgment shall not take effect until two months after service on the State of—

(a)a copy of the judgment, and

(b)a copy of the affidavit in support of the application for leave to enter judgment, unless one has already been served pursuant to a direction under Order 13, rule 7A(3).”

8.  Order 46 shall be amended by inserting, after rule 6(4)(a)(ii), the following sub-paragraph:—

“(iii)Where judgment on failure to acknowledge service has been entered against a State, as defined in section 14 of the State Immunity Act 1978, evidence that the State has been served in accordance with Order 42, rule 3A and that the judgment has taken effect”.