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35.—(1) Subject to paragraph (2), a document may be served—
(a)where it is not known whether a solicitor is acting on behalf of a party—
(i)by delivering it to the party personally; or
(ii)by delivering it at, or by sending it by first class post to, the party’s residence or last known residence; or
(b)where a solicitor is known to be acting on behalf of a party—
(i)by delivering the document at, or sending it by first class post to, the solicitor’s address for service; or
(ii)through a document exchange in accordance with the relevant practice direction.
(2) A notice of hearing must be served in accordance with paragraph (1)(a)(i) or (ii) irrespective of whether a solicitor is acting on behalf of a party.
(3) Where it appears to the court that there is a good reason to authorise service by a method not permitted by paragraph (1), the court may direct that service is effected by an alternative method.
(4) A direction that service is effected by an alternative method must specify—
(a)the method of service; and
(b)the date when the document will be deemed to be served.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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