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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I own a property in London. I live in South Africa. There

Customer Question

I own a property in London. I live in South Africa. There is a disagreement on the quality of work done to windows of my flat. The matter has been referred to solicitors. If legal action is instituted, what would constitute proper service for legal process from England to South Africa?

Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1 . There is a procedure known as "service out" of the jurisdiction whereby the Plaintiff in any action must seek the leave of the court ex parte (one side only) before a writ may validly be issued and served on a Defendant in South Africa. You will not be party to this application. However, what is essentially court approval is sought before you may have a writ served on you in South Africa. In terms of actual service, the Plaintiff or his solicitor either has to ensure personal service of you in South Africa, or else, they must call in aid the Hague Convention on Service Abroad whereby service is effected on you in South Africa by the authorities there. Either way, it must be shown to the court by the Plaintiff that you have been properly served with notice of the proceedings before any further stage in the proceedings may take place. However, you can short circuit the process by nominating solicitors to accept service on your behalf in London.