International Service of Process: Navigating UK–India Cross-Border Claims Amid FPS Backlogs

For UK-based businesses and legal practitioners engaged in cross-border disputes with Indian counterparts, recent developments necessitate heightened vigilance.

The UK’s Foreign Process Section (FPS), responsible for facilitating the service of legal documents abroad under the Hague Service Convention, is currently experiencing significant delays. Processing times have extended to several months, posing a risk to claimants in England and Wales who must adhere to the Civil Procedure Rules’ (CPR) six-month deadline for serving claim forms abroad.

Understanding the FPS backlog

The FPS plays a pivotal role in ensuring that legal documents are served accurately and in compliance with international protocols. However, residual effects of the COVID-19 pandemic, including temporary suspensions and increased volumes of claims, have led to substantial backlogs. This situation affects various sectors, with commercial claims being particularly impacted.

Implications for UK–India disputes

Both the UK and India are signatories to the Hague Service Convention, which standardises procedures for serving judicial documents internationally. While the UK permits alternative service methods under Article 10 of the Convention (such as postal channels), India has expressly objected to these provisions. Consequently, in India, service must be effected exclusively through the designated Central Authority, adhering strictly to the procedures outlined in Articles 3 and 5 of the Convention.

Attempting to serve documents in India via alternative means, such as postal service or private agents, can render the service invalid and potentially jeopardise the enforceability of judgments. Indian courts have consistently upheld the necessity of following the formal channels prescribed by the Hague Convention, dismissing cases where service was attempted through unauthorised methods.

Proactive measures for compliance

To mitigate risks associated with service delays and ensure compliance with international protocols businesses are advised to:

• Initiate proceedings early. Given the FPS backlog, it’s crucial to commence the process well before the six-month deadline to accommodate potential delays.
• Ensure document accuracy. Prepare all documents meticulously, ensuring they meet the specific requirements of the FPS and the receiving jurisdiction.
• Seek extensions when necessary. If timely service appears unfeasible, promptly apply for an extension under CPR 7.6, providing valid reasons for the delay.
• Consult legal experts: Engage with legal professionals experienced in cross-border litigation to navigate the complexities of international service effectively.

In the context of UK–India cross-border disputes, understanding and adhering to the specific requirements of international service protocols is paramount. The current FPS backlog underscores the importance of proactive planning and strict compliance with established procedures to safeguard the validity of claims and ensure the efficient administration of justice.

How we can help

With the FPS backlog impacting UK–India litigation timelines, timely and compliant service of legal documents has never been more critical. Attempting alternative methods can invalidate your claim – and Indian courts are strict on this point.

Our specialist dispute resolution team has in-depth experience in dealing with these issues. Get in touch now for strategic guidance on cross-border services and protect the enforceability of your claim before time runs out.