Service of documents
12. Order 65, rule 5, shall be amended as follows—
(1) By substituting for paragraph (1)(c) the following paragraph—
“(c)by FAX in accordance with paragraph (2A).”
(2) By inserting the following paragraph after paragraph (2)—
“2A.—(1) 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 such a 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 for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such solicitor is willing to accept service by FAX at that number in accordance with this paragraph unless he states otherwise in writing, and
(d)as soon as practicable after service by FAX the solicitor acting for the party serving the document dispatches a copy of it to the solicitor acting for the other party by any of the other methods prescribed for service by paragraph (1), and if he fails to do so, the document shall be deemed never to have been served by FAX.
(2) Where the FAX is transmitted on a business day before 4.00 p.m. it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.
(3) In this rule “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday as defined in Order 3, rule 2(6).”.