EU Service Regulation

Moor J had to consider the provisions of the EU service regulation in a recognition and enforcement case last week. The Respondent relied on lack of service of the originating process as a defence. Michael Gration of 4 PB put up a compelling argument, relying on a detailed analysis of the EU service regulation and Articles 18 and 23 of BIIR.
The critical point was that the Service Regulation provides where service has not been proved, that the court cannot proceed to final determination until 6 months have elapsed since service was attempted. The provisions of the Regulation set out a detailed scheme for dealing with service between Member States. The Foreign Process Section in the QBD is the transmitting and receiving agency for England and unless one of the other forms of acceptable service is adopted (service by the courts of the other MS etc) then in order to proceed to final judgment the applicant will need a certificate of service.