What you need to know about Service of Process in Ireland

1.     1. Service of Process

Service of process refers to the formal delivery of legal documents – such as court summons, notices, or other official papers – to a company or individual involved in legal proceedings. It ensures that parties are properly notified and given the opportunity to respond, which is a cornerstone of due process. When a contract is being entered into by two or more parties, they may refer to the delivery of notices or other legal documents by one party to another. The issue may arise that one of the parties doesn’t have an address in a specific jurisdiction. In this case, they can include a delivery address in said contract, which is that of a third party service provider – the process agent.

This is notably true and important for cross-border contracts, where one party may not have an office or address in the jurisdiction where notifications are legally required to be made. International contracts often include jurisdiction clauses and service of process provisions to avoid disputes over where and how legal documents should be served.

The address of the third-party service provider can be used for all notifications related to this specific contract, but is not considered a branch, representative office or a registered address of that party.

2.      A process agent – here to serve you

To ensure that formal deliveries are done accordingly, the party who does not have an office or address in Ireland can appoint a process agent. The appointment is generally a separate contract from the one binding the parties and provides for the various obligations on behalf of the process agent. The process agent will be an essential part of the mechanism and shall ensure:

• Certainty: Documents are served in accordance with Irish law and international treaties.
• Speed: Avoid delays associated with cross-border service.
• Compliance: Reduce risks of procedural challenges in enforcement.

Hence, selecting a seasoned professional is critical to ensuring compliance with your contractual obligations.

3.      What to expect from your process agent

Your process agent will be the “guardian of your notices” and ensure that once a notification is received, it is promptly sent to the designated person or team by email or registered mail. It is crucial that the person who needs to be served provides a generic email address or phone number to the process agent. If the email address of an individual is provided, and that person has left the company, this may delay the delivery of the notices and all ensuing actions.

The agent is appointed for a defined period, meaning that towards the end of the appointment period, they will contact the appointing party to see whether an extension is needed.

At Law Debenture, we have vast experience in providing process agent services in over 6 jurisdictions. Our experience spans multiple types of contracts, including ISDA agreements, shareholder agreements, aircraft lease agreements and many more. Knowing how important it is to be reactive, our team can be relied on 24/5.

Our Service of Process business has teams in Ireland, London, New York and Hong Kong. To find out more visit our dedicated webpage or contact jessica.dennis@lawdeb.com