15. Methods of service
Past version: effective from 02/11/2020 - 14/02/2021
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(1) This Part applies to the service of documents except where any rule, practice direction or other ADGM enactment or a Court order requires that a document, including a claim form, must be served by any other method.
(1a) Part 37 applies to service of a claim in the Small Claims Division.
Methods of service – claim form
(2) It is the responsibility of the claimant to serve the claim form on all other parties to the proceedings.
(3) Subject to paragraphs (4) to (8) below, a claim form may be served –
(a) by personal service on an individual in accordance with Rule 16;
(b) on a company, partnership or any other entity in accordance with Rule 16A;
(c) by email or other means of electronic communication in accordance with Rule 16B;
(d) by serving it at a place specified in Rule 17;
(e) by any other method authorised by the Court under Rule 19;
(f) in the case of a counterclaim, through the eCourts Platform where the person to be served has access (including through a legal representative) to the eCourts Platform; or
(g) by any other method agreed to by the parties.
Methods of service – outside the jurisdiction
(5) Permission to serve a claim form outside the jurisdiction is not required, but it is the responsibility of the claimant to ensure that he complies with the rules regarding service of the place where he is seeking to effect service.
(6) Where a claim form is to be served outside the jurisdiction, it may be served by any method permitted by an applicable treaty or convention or the law of the place in which it is to be served.
(7) Where a claim form is to be served outside the jurisdiction, it shall be permissible for the claimant to effect service through a legal representative or a third party using a method of service prescribed under this Part, provided that the method of service is permitted in the place where he is seeking to effect service.
(8) Nothing in these Rules or any practice direction or Court order shall authorise or require any person to do anything in the place where the claim form is to be served which is against the law of that place.
Methods of service - other documents
(9) Subject to Rule 15(1),
(a) where a person to be served has access to the eCourts Platform (including through a legal representative), all documents shall be served on that person through the eCourts Platform; and
(b) where a person to be served does not have access to the eCourts Platform (including through a legal representative), a document other than a claim form may be served on that person under this Part as if the document were a claim form.
|Amended on June 20, 2018|
|Amended on November 2, 2020|