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Service outside the EU

  • 24-09-2012 4:20pm
    #1
    Brother Psychosis
    Registered Users Posts: 146 ✭✭


    are there any circumstances in CC where you can serve outside EU without leave under the Hague Convention? I know there are provisions in HC but doesnt seem to be any in CC


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The same provisions under the RSC a


  • #3
    Brother Psychosis
    Registered Users Posts: 146 ✭✭Brother Psychosis


    Tom Young wrote: »
    The same provisions under the RSC a

    but there is no equivalent in CC rules...


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Really? http://courts.ie/rules.nsf/6cc6644045a5c09a80256db700399505/0da42f5a82c0ba7e80256d94005f4930?OpenDocument


  • #5
    Brother Psychosis
    Registered Users Posts: 146 ✭✭Brother Psychosis


    god, sorry, i left out the important part of my question!
    are there any circumstances in CC where you can serve outside EU without leave under the Hague Convention? I know there are provisions in HC but doesnt seem to be any in CC

    embarrassing


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Brother Psychosis wrote: »
    god, sorry, i left out the important part of my question!



    embarrassing

    If the CC don't have a rule on something on my quick look can't find Hague then HC applies.


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  • #7
    Brother Psychosis
    Registered Users Posts: 146 ✭✭Brother Psychosis


    NoQuarter wrote: »
    The appropriate CC Rule is 14B. Rule 10 of 14B points to Articles 12 - 15 of Council Regulation (E.C) No. 1348 of 2000 and they say:




    So the answer appears to be yes although the provisions are not easy to follow.

    this only applies within the EU though


  • #8
    NoQuarter
    Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    Brother Psychosis wrote: »
    this only applies within the EU though

    Apologies, I had genuinely though I read that it was outside the EU.


  • #9
    Brother Psychosis
    Registered Users Posts: 146 ✭✭Brother Psychosis


    ResearchWill wrote: »
    If the CC don't have a rule on something on my quick look can't find Hague then HC applies.

    is there a rule on that?


  • #10
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Brother Psychosis wrote: »
    is there a rule on that?

    Yes there is Order 67 rule 16,

    16. Where there is no Rule provided by these Rules to govern practice or procedure, the practice and procedure in the High Court may be followed.


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