The Reserve and Auxiliary Forces (Protection of Civil Interests) Rules 1951

Service

17.—(1) Except as otherwise provided in this Rule, service of every summons and notice under this Part of these Rules shall be personal service, and accordingly the Rules of the Supreme Court relating to personal service, including Order LXVII, Rules 5 and 6 (which relate to the manner of service and substituted service), shall apply.

(2) Where in any action the defendant has entered an appearance, notice in Form 1 may be delivered or sent to the address for service instead of being served personally.

(3) No proof of service of a summons shall be required if the respondent by his solicitor undertakes in writing to accept service and to attend upon the hearing.

(4) Where a defendant or respondent on whom a summons or notice (including notice of the further hearing of an originating summons under Rule 12) is to be served is for the time being performing a period of relevant service, the summons or notice may, by leave of the court or a judge, be served by delivering it—

(a) to the wife of the defendant or respondent if it appears to the court or judge that she has been entrusted with the management of the defendant's or respondent's affairs in general, or of the premises or property to which the summons relates, or

(b) to any other person who appears to the court or judge to have been so entrusted.

(5) Where a summons for leave to exercise any right or remedy specified in subsection (1), (2) or (3) of section 2 or subsection (1) of section 25 relates to land, the summons may, by leave of the court or judge, in a case of vacant possession, if service cannot be effected in any other manner, be served by posting a copy of the summons upon the door of the dwelling-house or other conspicuous part of the property or, if the summons relates to more than one dwelling-house or property, upon the door of every dwelling-house or other conspicuous part of every property to which the summons relates.

(6) If on any application in the Chancery Division for leave to exercise any such right or remedy as aforesaid the judge in person is satisfied that service cannot be effected in accordance with this Rule and is of opinion that in the interests of justice an order ought to be made, he may dispense with service of the application on the person named as respondent to the application or may direct notice of the application to be given to any person who in his opinion ought to have notice thereof.

(7) Where in the course of proceedings the defendant or respondent or any person mentioned in paragraph (2) of Rule 15 applies by summons for a declaratory order in respect of the exercise of any such right or remedy as aforesaid, the summons may be served in accordance with Order LXVII, Rule 2, of the Rules of the Supreme Court (which relates to service at the address for service).