28Feb
By: Tom On: February 28, 2019 In: Evidence Taking, International Service of Process Comments: 0
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Brexit is still scheduled for March 29, 2019;[1] less than a month from today. After Brexit many things in the United Kingdom (UK) will be different. For solicitors, an important change will involve the international service of process upon, and the taking evidence abroad from, continental defendants.

How ISOP & Evidence Taking Will Change After Brexit

While the UK is a member of the European Union (EU), service of process upon continental defendants can be achieved pursuant to the EU’s Service Regulation (1393/2007);[2] while the taking of evidence can be achieved pursuant to the EU’s Taking of Evidence Regulation (1206/2001).[3]

After Brexit, service of process upon continental defendants will no longer occur on the basis of reciprocity and will need to be achieved pursuant to the Hague Service Convention. Similarly, evidence will need to be taken from continental defendants pursuant to the Hague Evidence Convention.

To a degree, the EU’s Service Regulation (1393/2007) is structurally and functionally similar to the Hague Service Convention; and the EU’s Taking of Evidence Regulation (1206/2001) is similarly analogous to the Hague Evidence Convention.

Still, these conventions are not identical, and solicitors who are in need of process service upon continental defendants, or obtaining evidence from continental defendants, should anticipate a learning curve when it comes to the Hague Service/Evidence Conventions.  Indeed, at least one leading UK law firm has opined that when compared to the EU’s Regulations (1393/2007 and 1206/2001), the procedures of the two Hague Conventions are likely to be “more cumbersome than at present.”[4]

How Legal Language Can Assist You

For 37 years, Legal Language Services (LLS) has been assisting attorneys with international service of process and the taking of evidence abroad. Importantly, we have provided assistance to attorneys both within and outside of the United States.

LLS has been pleased and honored to assist attorneys from the UK, British Virgin Islands, the Cayman Islands, Italy, Canada, Sweden, and Singapore to achieve their international goals through the Hague Conventions. Even if a UK solicitor only needs a document translated, we believe we can provide you with translation services at rates less than what you are currently paying.

If you are a UK solicitor preparing for Brexit, now is the time to start doing business with LLS – a litigation support service with a proven track record for providing Hague Convention services. For more information or to speak with a representative, contact us today.

Call us at 1-800-788-0450 or simply fill out our free quote form.

Notes

[1] BBC: Brexit: Your simple guide to the UK leaving the EU February 28, 2019; https://www.bbc.com/news/uk-46318565
[2] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32007R1393&from=EN
[3] https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32001R1206&from=EN
[4] Herbert Smith Freehills LLP: Service Regulation and Taking of Evidence Regulation will cease to apply post-Brexit. Lexology 5 November 2018; https://www.lexology.com/library/detail.aspx?g=004d8451-c558-4a11-bdf8-89f3e9624dc9.


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