Section 12.12(9)

On an application against a State, the evidence must be way of affidavit and must— (See rule 40.10 for when default judgment against a State takes effect.) set out the grounds of the application; establish the facts proving that the State is excepted from the immunity conferred by section 1 of the State Immunity Act 1978; establish that the claim was sent through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State or, where the State has agreed to another form of service, that the claim was served in the manner agreed; and establish that the time for acknowledging service (which is extended to two months by section 12(2) of the Act when the claim is sent through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State) has expired.

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Source: legislation.gov.uk · retrieved 2026-08-15