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The Family Proceedings Rules (Northern Ireland) 1996

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Service of documents

7.4.—(1) Where a document is required by these Rules to be sent to any person, it shall, unless otherwise directed, be sent by post—

(a)if a solicitor is acting for him,

(i)to the solicitor’s address; or

(ii)where that address includes a numbered box at a document exchange, at that document exchange or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph, shall unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left;

(iii)by sending a legible copy of the document by FAX (as defined by R.S.C. Order 1 rule 3(1)) in accordance with the provisions of R.S.C. Order 65 rule 5(2A) to the solicitor’s office;

(b)if he is acting in person, to the address for service given by him or, if he has not given an address for service his last known address, but if in the opinion of the Master the document would be unlikely to reach him if sent to that address, the Master may dispense with sending the document to him.

(2) Unless the court otherwise directs, service of any document in family proceedings shall, if no other mode of service is prescribed or ordered, be effected—

(a)if a solicitor is acting for the person to be served by leaving the document at, or sending it by first class pre-paid post to, the solicitor’s address;

(b)if the person to be served is acting in person, by delivering the document to him or by leaving it at, or sending it by first class pre-paid post to, the address for service given by him or, if he has not given an address for service, his last known address;

Provided that where, in a case to which sub-paragraph (b) applies, it appears to the Master that it is impracticable to deliver the documents to the person to be served and that, if the document were left at, or sent by post to, the address specified in that sub-paragraph, it would be unlikely to reach him, the Master may dispense with service of the document.

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