1.—(1) A writ must be served personally on each defendant by the plaintiff.
(2) A writ for service on a defendant within the jurisdiction may instead of being served personally on him be served—
(a)by sending a copy of the writ by ordinary first-class post to the defendant at his usual or last known address or
(b)if there is a letter box for that address by inserting through the letter box a copy of the writ enclosed in a sealed envelope addressed to the defendant.
In sub-paragraph (a) 'first-class post' means first-class post which has been pre-paid or in respect of which prepayment is not required.
(3) Where a writ is served in accordance with paragraph (2)—
(a)the date of service shall unless the contrary is shown be deemed to be the seventh day (ignoring Order 3 rule 2(5)) after the date on which the copy was sent to or as the case may be inserted through the letter box for the address in question;
(b)any affidavit proving due service of the writ must contain a statement to the effect that—
(i)in the opinion of the deponent the copy of the writ if sent to or, as the case may be inserted through the letter box for, the address in question, will have come to the knowledge of the defendant within 7 days thereafter; and
(ii)in the case of service by post, the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.
(4) Where a defendant's solicitor indorses on the writ a statement that he accepts service of the writ on behalf of that defendant, the writ shall be deemed to have been duly served on that defendant and to have been so served on the date on which the indorsement was made.
(5) Where a writ is not duly served on a defendant but he enters an unconditional appearance in the action begun by the writ, the writ shall be deemed to have been duly served on him and to have been so served on the date on which he entered the appearance.
(6) This rule shall have effect subject to the provisions of any statutory provision and these rules and in particular to any statutory provision which provides for the manner in which documents may be served on bodies corporate.
2.—(1) Where the Court is satisfied on an ex parte application that—
(a)a contract has been entered into within the jurisdiction with or through an agent who is either an individual residing or carrying on business within the jurisdiction or a body corporate having a registered office or a place of business within the jurisdiction, and
(b)the principal for whom the agent was acting was at the time the contract was entered into and is at the time of the application neither such an individual nor such a body corporate, and
(c)at the time of the application either the agent's authority has not been determined or he is still in business relations with his principal;
the Court may authorise service of a writ beginning an action relating to the contract to be effected on the agent instead of the principal.
(2) An order under this rule authorising service of a writ on a defendant's agent must limit a time within which the defendant must enter an appearance.
(3) Where an order is made under this rule authorising service of a writ on a defendant's agent, a copy of the order and of the writ must be sent by post to the defendant at his address out of the jurisdiction.
[E.r. 2]
3.—(1) Where—
(a)a contract contains a term to the effect that the High Court shall have jurisdiction to hear and determine any action in respect of a contract or, apart from any such term, the High Court has jurisdiction to hear and determine any such action, and
(b)the contract provides that, in the event of any action in respect of the contract being begun, the process by which it is begun may be served on the defendant, or on such other person on his behalf as may be specified in the contract, in such manner, or at such place (whether within or out of the jurisdiction), as may be so specified,
then, if an action in respect of the contract is begun in the High Court and the writ by which it is begun is served in accordance with the contract, the writ shall, subject to paragraph (2), be deemed to have been duly served on the defendant.
(2) A writ which is served out of the jurisdiction in accordance with a contract shall not be deemed to have been duly served on the defendant by virtue of paragraph (1) unless leave to serve the writ, or notice thereof, out of the jurisdiction has been granted under Order 11, rule 1 or 2.
[E.r. 3]
4.—(1) Where a writ is indorsed with a claim for the possession of land, service of the writ may be effected either by personal service on the defendant at any place in Northern Ireland, or by delivering a copy of such writ at the defendant's residence or place of business to the wife or husband of the defendant, or to some relative of the defendant or of the husband or wife of the defendant or to an employee of the defendant (the person with whom such copy shall be left being apparently over the age of 16 years), and such service as last aforesaid may be effected whether the defendant is in Northern Ireland or not.
(2) Where a writ is indorsed with a claim for the possession of land, the Court may—
(a)if satisfied on an ex parte application, that no person appears to be in possession of the land and that service cannot be otherwise effected on any defendant, authorise service on that defendant to be effected by affixing a copy of the writ to some conspicuous part of the land;
(b)if satisfied on such an application that no person appears to be in possession of the land and that service could not otherwise have been effected on any defendant, order that service already effected by affixing a copy of the writ to some conspicuous part of the land shall be treated as good service on that defendant.
[E.r. 4]
5. The foregoing rules of this Order shall apply in relation to an originating summons to which an appearance is required to be entered as they apply in relation to a writ, and rule 1(1), (2), (3) and (4) shall, with any necessary modifications, apply in relation to an originating summons to which no appearance need be entered, a notice of an originating motion and a petition as they apply in relation to a writ.
[E.r. 5]