Service Abroad (Non-EU or Hague)

Service Outside Jurisdiction (Non-EU)

Formerly, it was necessary to obtain an order in all cases to serve a summons outside the jurisdiction.  A summons or notice of a summons may be served without Court leave under Convention and under EU Regulation.

Special EU-wide regulations facilitate service. Accordingly, the following rules will be overridden in cases within the European Union and cases that fall within other International Conventions.

State outside of the EU and the signatory countries to the Hague Convention  are subject to the older rules.  Personal service is required where reasonably practicable.

Substituted service may be granted by order.  The courts may authorize service to be made by such method as they may specify where they are satisfied that personal service is not practicable.

Cases Allowed

Service out of the jurisdiction of a summons may be allowed by the Court when:

• the whole subject matter of the action is land within the jurisdiction;
• any act, deed, will, contract, obligation, or liability affecting land situate in the jurisdiction, is to be interpreted, set aside, enforced;
• relief is sought against a person domiciled or ordinarily resident within the jurisdiction;
• the action is for the administration of the personal estate of a deceased person, who was domiciled within the jurisdiction, the execution of trusts, of which the person to be served is a trustee, which ought to be executed according to the law of the State;
• the action is one brought to enforce, rescind, annul or otherwise affect a contract, or to recover damages or other relief in respect of a breach of a contract which is made within the jurisdiction; made through an agent trading and residing within the jurisdiction on behalf of a principal, trading and residing out of the jurisdiction or by its terms or by implication is to be governed by Irish Law or is one brought in respect of a breach committed within the jurisdiction;
• an action founded on a tort committed within the jurisdiction;
• an injunction is sought as to anything to be done within the jurisdiction or any nuisance within the jurisdiction to be prevented or removed;
• any person out of the jurisdiction is a necessary or proper party to an action properly brought against a person duly served within the jurisdiction;
• the proceeding relates to a person under age or a person of unsound mind domiciled in, or a citizen of Ireland;
• interpleader proceeding relating to property within the jurisdiction;
• the proceedings relate to arbitration held or to be held in the jurisdiction;
• the proceedings relate to enforcement of an arbitration award made under the Irish Arbitration legislation;
• proceedings by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction, which seeks relief for sale, delivery or possession and does not seek personal judgement unless otherwise independently permissible;
• the proceedings relate to ownership of a trademark registered in Ireland;
• the proceedings relate to a ship registered or to be registered in Ireland or a share in it;
• the proceedings relate to carriage by air under the Irish Air-Navigation and Transport Act.

Where leave is requested from Court to serve a summons or notice of a summons, the Court shall have regard to the amount or value of the claim or property affected and to the comparative cost and convenience of proceedings in Ireland or in the place of the defendant\’s residence and particularly in cases of small demands where the defendant is resident in the United Kingdom, to the powers and jurisdiction under statutes, courts of limited or in those jurisdictions.

Contract Provides

The parties to a contract may agree that the Irish courts shall have jurisdiction to entertain proceeding in respect of such contract and may also or in the alternative agree that service of any summons in such proceeding may be effected at any place within or without the jurisdiction on any party or on any person on behalf of any party in a manner specified or indicated in the contract.

In such case, notwithstanding the rules, service of such summons at the place or on the parties and in the manner specified or indicated is deemed good and effective service, irrespective of the residence of the party.  If no place, mode or person to be specified or indicated, service outside the jurisdiction may be ordered.

Application for Leave (Non-EU)

An application for leave to serve a summons or to give a notice of  a summons out of the jurisdiction, shall be supported by an affidavit or other evidence, stating the belief of the deponent that he has a good cause of action and showing in what place or country such defendant is or is probably found and whether such defendant is a citizen of Ireland or not.

Where a leave is sought to serve a summons, the particulars necessary to enable the Court to exercise its jurisdiction on the above basis should be specified.  Leave shall not be granted unless it shall sufficiently appear to the Court that the case is a proper one for service out of the jurisdiction.

An application shall be made before service of the summons.  An order giving leave to serve out of the jurisdiction shall limit a time after such service or notice, within which the person is to enter an appearance.  This depends on the place or country where and within which the summons is to be served.

Where the defendant is not or is not known or believed to be a citizen of Ireland, notice of the summons and not the summons itself shall be served on him. When an order is made giving leave to serve a summons or notice of it on a defendant out of the jurisdiction, a copy of the order shall be served along with the summons or notice.

Where the person served is not a citizen of Ireland, a copy of the originating document or order or notice shall be served instead of the original, together with an intimation in writing that a process or proceeding in the form of a copy has been issued and otherwise launched or an order in the terms of the copy made.

EU Regulation on Service

The EU Regulation on Service out of the Jurisdiction and the Lugano Convention provide for service of the originating summons or notice thereof out of the jurisdiction without leave of the Court subject to compliance with the relevant conditions.  Where the proceedings are governed by the EU Regulation, the claim must be made by summons or another originating document. They must be proceedings which the Court has the power to hear and determine.  No proceedings between the parties concerning the same cause of action may be pending in another State.

Where the summons is to be served out of the jurisdiction, the time within which the defendant is to enter an appearance is to be five weeks in respect of service within the EU, European Union territories of an EU State or a Contracting State and six weeks in respect of any area outside of the European territories.

Where one, two or more defendants or parties to proceedings are covered by the Regulation, but not everyone is domiciled in an EU State or a contracting state to the Lugano Convention, then the provisions of the previous order requiring leave to serve out of the jurisdiction apply to each co-defendant. This does not apply to proceedings providing for exclusive jurisdiction under the Regulation.

Some Key Regulation/ Convention Issues

Subject to the Regulation or the Convention, where parties to a contract have agreed without conferring jurisdiction, that service of the summons and any proceedings relating to a contract may be effected in any place with or without the jurisdiction on any party or on any person on behalf of any party or in a manner specified or indicated in a contract, then in such cases, notwithstanding the Rules, service of such summons at the place or on the party or on the person if any, and in the manner indicated, shall be deemed good and effective service, wherever the parties are resident.  If no place or mode of service is specified, service shall be effected in accordance with the Rules.

Where the defendant is not or is not known to be a citizen of Ireland, notice of the summons and not the summons itself shall be served, A notice in lieu of summons is to be given in the manner in which summonses are served.

Where a defendant wishes to enter an Appearance, to contest jurisdiction he may do so by entering an appearance in a prescribed format. Domicile for the purpose of the order is to be interpreted in accordance with the EU concept in the Regulation and the Lugano Convention.

There are similar provisions in respect of the earlier 1968 Judgements Convention.  It has been largely replaced by the 2001 Regulation.