Family Justice Rules 2014

Status:

Current version
as at 25 Apr 2024

Effecting ordinary service

902.—(1) Service of any document, not being a document which by virtue of these Rules is required to be served personally, may be effected —

(a)	by leaving the document at the proper address of the person to be served;
(b)	by post;
(c)	by FAX in accordance with paragraph (4);
(d)	in such other manner as may be agreed between the party serving and the party to be served; or
(e)	in such other manner as the Court may direct.

(2) For the purpose of this rule, and of section 2 of the Interpretation Act (Cap. 1), in its application to this rule, the proper address of any person on whom a document is to be served in accordance with this rule shall be the address for service of that person.

(3) Despite paragraph (2), if at the time when service is effected the person who is to be served has no address for service, his proper address for service shall be —

(a)	in any case, the business address of the solicitor (if any) who is acting for him in the proceedings in which service of the document in question is to be effected;
(b)	in the case of an individual, his usual or last known address;
(c)	in the case of individuals who are suing or being sued in the name of a firm, the principal or last known place of business of the firm within the jurisdiction; and
(d)	in the case of a body corporate, the registered or principal office of the body.

(4) Service by FAX may be effected where —

(a)	the party serving the document acts by a solicitor;
(b)	the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of that solicitor;
(c)	the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number; and
(d)	within 3 days after the day of service by FAX the solicitor acting for the party serving the document serves a copy of it on the solicitor acting for the other party by any of the other methods of service set out in paragraph (1), and if he fails to do so, the document shall be deemed never to have been served by FAX.

(5) For the purpose of paragraph (4)(c), the inscription of a FAX number on the writing paper of a solicitor shall not be deemed to indicate that such a solicitor is willing to accept service by FAX at that number in accordance with that paragraph.

(6) For the purposes of paragraph (1)(e), the manner in which the Court may direct service of any document to be effected includes the use of such electronic means (including electronic mail or Internet transmission) as the Court may specify.

(7) Nothing in this rule is to be taken as prohibiting the personal service of any document or as affecting any written law which provides for the manner in which documents may be served on bodies corporate.

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