Hague Service Convention Sample Clauses

Hague Service Convention. 33. With respect to the UCCU defendants’ complaints arising from the service of the proceedings on the Russian UCCU defendants other than in accordance with the provisions of the Hague Service Convention, I am satisfied that service was actually effected on the Russian UCCU defendants in compliance with the terms of the Order of the High Court (XxXxxxxxx J.) of 7 November 2016. I have also concluded that the plaintiffs provided good and sufficient reasons to XxXxxxxxx X. to enable him properly to exercise his discretion to make an order permitting substituted service of the proceedings on the Russian UCCU defendants other than in accordance with the Convention. I am satisfied that it was open to the court to make an order for substituted service on those defendants under O. 10, r. 1 and that service by the methods directed was not precluded by X. 00X, r. 2(2) or by any of the case law relied upon by the UCCU defendants. In my view, the plaintiffs provided sufficient information to the High Court in their ex parte application for permission to serve the proceedings outside the jurisdiction on the Russian UCCU defendants to enable the court properly to exercise its discretion to permit service other than in accordance with the Hague Convention, having regard to the potential likely delay in effecting service in accordance with the Convention together with the real risk of interference by the Russian authorities with service were it required to be effected in the manner provided for under the Convention.
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