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The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019

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Transitional and saving provision – Part 6

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18.—(1) Where before exit day, pursuant to rule 6.7—

(a)a defendant has given, as the address at which the defendant may be served with the claim form, the business address of a solicitor in an EEA state outside the United Kingdom, or of a European lawyer in any EEA state; or

(b)a solicitor acting for the defendant has notified the business address of that solicitor in an EEA state outside the United Kingdom, or a European lawyer has notified the address of that European lawyer in any EEA State, as the address at which that solicitor or European lawyer is instructed to accept service of the claim form,

the claim form, if not served before exit day, must on or after exit day be served at that address notwithstanding the changes made by these Regulations.

(2) Where before exit day, pursuant to rule 6.23, a party to proceedings has given, as the address at which that party may be served with documents relating to those proceedings, the business address in an EEA state outside the United Kingdom of a solicitor acting for that party, or in any EEA State of a European lawyer nominated to accept service of documents—

(a)that address will continue on and after exit day to be that party’s address for service unless and until that party elects to change the address for service; and

(b)if that party elects on or after exit day to change the address for service, the new address for service may be any address for service permitted by rule 6.23 as in force immediately before exit day.

(3) Where before exit day a claim form has been served under rule 6.33 in a country referred to in rule 6.35(3) or (4) (as in force immediately before exit day), the period for filing an acknowledgment of service or defence is the period provided in rule 6.35(3) or (4) (as applicable) as in force immediately before exit day.

(4) In this regulation, “EEA state” has the meaning it had for the purposes of Part 6 immediately before exit day.

(5) Where before exit day an applicant has filed the documents referred to in rule 6.41(2) but the action required by rule 6.41(3) has not been taken by exit day, the court may treat the request for service of the documents in question as a request for service pursuant to rule 6.42(1) or (2) as appropriate.

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