Rule 58 Service of documents

(1)

Rules 28 and 30 of the Crown Court Rules 1982^f1 shall not apply in restraint proceedings and receivership proceedings.

(2)

Where these Rules require service of a document, then, unless the Crown Court directs otherwise, the document may be served by any of the following methods—

(a)

in all cases, by delivering the document personally to the party to be served;

(b)

if no solicitor is acting for the party to be served by delivering the document at, or by sending it by first-class post to, his residence or his last-known residence;

(c)

if a solicitor is acting for the party to be served—

(i)

by delivering the document at, or sending it by first-class post to, the solicitor’s business address; or

(ii)

where the solicitor’s business address includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange; or

(iii)

if the solicitor has indicated that he is willing to accept service by facsimile transmission, by sending a legible copy of the document by facsimile transmission to the solicitor’s office.

(3)

A document shall, unless the contrary is proved, be deemed to have been served—

(a)

in the case of service by first-class post, on the second business day after posting;

(b)

in the case of service in accordance with paragraph (2)(c)(ii), on the second business day after the day on which it is left at the document exchange; and

(c)

in the case of service in accordance with paragraph (2)(c)(iii), where it is transmitted on a business day before 4 p.m., on that day and in any other case, on the next business day.

(4)

An order made in restraint proceedings or receivership proceedings may be enforced against the defendant or any other person affected by it notwithstanding that service of a copy of the order has not been effected in accordance with this rule if the Crown Court is satisfied that the person had notice of the order by being present when the order was made.

Annotations

Footnotes

f1: S.I. 1982/1109. Rule 30 was inserted by the Crown Court (Amendment) Rules 1991 (S.I. 1991/1288).