Article 3

Order 7 shall be further amended by substituting, for rule 13, the following new rule:—

“13

(1)

Subject to the following paragraphs of this rule, where partners are sued in the name of their firm, service of a summons shall be good service on all the partners, whether any of them is out of England and Wales or not, if the summons is:—

(a)

delivered by the plaintiff to a partner personally, or

(b)

served by an officer of the court sending it by first-class post to the firm at the address stated in the request for the summons.

(2)

Where the partnership has to the knowledge of the plaintiff been dissolved before the commencement of the action, the summons shall be served upon every person within England and Wales sought to be made liable.

(3)

Rule 10(2) and (3) shall apply in relation to service by post under paragraph (1)(b) as they apply in relation to service under rule 10.

(4)

Rule 10(4) shall apply in relation to service under this rule as it applies in relation to service under rule 10, but with the reference to paragraph (1)(b) being read as a reference to the same paragraph in this rule and with the substitution for paragraphs (b) and (c) of the following paragraphs—

“(b)

delivering the summons at the principal place of the partnership business within the district within which the summons is to be served to any person having, or appearing to have, at the time of service, the control or management of the business there, or

(c)

delivering the summons to a partner personally.”.””