Brexit: service of judicial and extra‑judicial documents between the UK and EU—current regime, transition and no‑deal scenarios, and alternatives (Hague Service Convention, local laws, process agents)

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Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained.

This Practice Note examines how Brexit affects the service of court papers within the EU when the UK leaves the EU. It reviews the present framework under Regulation (EC) 1393/2007 (the Service Regulation), outlines the UK and EU stances respectively, and sketches probable scenarios on the basis of information available. It also looks at challenges that could surface on exit and the alternative regimes that might support service of judicial and extra-judicial documents within the EU when seeking to serve parties there. For insight into routes to a deal or no deal outcome, see the House of Commons Exiting the EU Committee report, The progress of the UK’s negotiations on EU withdrawal (June to September 2018), paragraph [35], which includes a helpful flowchart.

Current position

Where service is to be effected from the UK on a party in an EU Member State, permissible methods are set out in Regulation (EC) 1393/2007 (the Service Regulation). For guidance on applying that instrument, consult Practice Note: The Service Regulation—service outside the jurisdiction (application in the UK) [Archived]...

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Web page updated on 21/05/2026

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