Lawyers warn of risks due to FPS backlog

The FPS, responsible for the service of claims abroad in accordance with the Hague Convention, is currently facing delays that could stretch over several months. This backlog could prevent claimants from serving their claims on time, thus jeopardising their ability to pursue legal action.

The FPS plays an integral role in the international service of legal documents, particularly in cases involving UK-based claimants seeking to recover debts or damages from foreign defendants. These commercial claims are increasingly subject to delays due to the growing backlog at the FPS. The six-month period for serving documents, stipulated by the Civil Procedure Rules (CPR), is critical, and failure to meet this deadline could result in a claim being deemed invalid or struck out.

Sneha Nainwal, a partner at law firm Shakespeare Martineau who specialises in cross-border disputes, explained the importance of the FPS in such cases. “The FPS handles a range of international disputes, with commercial claims being the most common. Typical cases involve a UK-based claimant seeking to recover contractual debts or damages from foreign defendants. These cross-border claims, regardless of industry, are increasingly subject to delays due to the FPS backlog,” she said.

The backlog has its origins in the disruptions caused by the Covid-19 pandemic, during which global lockdowns led to the temporary suspension of the FPS. This suspension resulted in a build-up of claims that have since been delayed as they await processing. The number of claims requiring international service has continued to increase, further exacerbating the situation.

Nainwal cautioned that the most pressing concern for businesses issuing claims is the looming risk of exceeding the six-month deadline. "The most pressing risk for businesses issuing a claim is the expiration of the six-month period for serving the claim form. Failure to serve within this timeframe could result in the claim being deemed invalid or struck out,” she said.

She advised claimants to take immediate action to avoid this risk, recommending that applications to the FPS be made with careful attention to detail. “The best way to mitigate this risk is for claimants to act proactively by ensuring their application to the FPS for serving documents abroad is watertight. The FPS enforces strict procedural rules, and any oversight or misstep could result in the rejection of the application, forcing the claimant to restart the process and face further delays in an already backlogged system.”

Nainwal’s advice also included ensuring that all documents are in perfect order before submission to the FPS, along with applying promptly for an extension if serving within the six-month period appears unfeasible. “Don’t leave things to the last minute. For the best chance of success and to avoid unnecessary complications, seek professional advice,” she concluded.

In light of these delays, experts recommend that businesses act quickly and take the necessary steps to prevent claims from being invalidated, ensuring that they navigate the backlog effectively while adhering to the strict deadlines.