The Faculty Jurisdiction Rules 2013

PART 16 Service of documents

Methods of service etc.

16.1.—(1) Subject to any other provision of these Rules, any document may be served by any of the following methods—

(a) leaving it at the proper address of the person to be served;

(b) sending it by post to that address;

(c) leaving it at a document exchange as provided for in rule 16.3;

(d) sending it by electronic means as provided for in rule 16.4; or

(e) in such other manner as the chancellor or registrar may direct.

(2) In the case of a document that is required to be sent or submitted to the registry, it may be—

(a) delivered to the registry;

(b) sent by post addressed to the registrar at the registry; or

(c) submitted by such other means (including electronic means) as the registrar may direct.

Meaning of ‘proper address’

16.2.  The proper address of a person for the purposes of this Part is—

(a) that person’s usual or last known address; or

(b) the business address of a solicitor (if any) who is acting for that person in the proceedings.

Service through document exchange

16.3.—(1) Service may be effected via a document exchange where this rule applies.

(2) This rule applies if—

(a) a person has given a numbered box at a document exchange as that person’s address for service;

(b) a document exchange box number is inscribed on the writing paper of a party who acts in person or on the writing paper of a solicitor who acts for a party and the party or solicitor has not indicated in writing to the person serving the document that he or she is unwilling to accept service through a document exchange.

(3) Service via a document exchange is effected by leaving the document addressed to the relevant numbered box at that document exchange or at a document exchange which transmits documents every business day to that document exchange.

(4) Any document served via a document exchange in accordance with this rule is deemed to have been served on the second business day following the day on which it is left at a document exchange in accordance with paragraph (3).

Service by electronic means

16.4.—(1) Where a document is to be served by electronic means, the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving the document—

(a) that the party to be served or the solicitor is willing to accept service by electronic means; and

(b) the e-mail address or other electronic identification to which it must be sent.

(2) The following are to be taken as sufficient written indications for the purposes of paragraph (1)—

(a) an e-mail address or other electronic identification set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address or electronic identification may be used for service; or

(b) an e-mail address or other electronic identification set out on a petition, application or other pleading that has been submitted to the court.