Rule 16.3 Service of applicationI1

England

(1)

An application for an injunction or restoration must be served by the applicant in accordance with this rule (but see rule 16.6 (interim orders)).

(2)

Unless the court directs otherwise, the application, together with a copy of the witness statement required by rule 16.2(2), must be served not less than 2 days before the date of hearing entered by the registrar under rule 16.2(4) on—

(a)

any person against whom the applicant is seeking an injunction or restoration order;

(b)

where faculty proceedings have been started in relation to the subject matter of the application, each of the parties to those proceedings;

(c)

the archdeacon (unless the archdeacon is the applicant); and

(d)

the minister (unless the minister is the applicant) or, where there is no minister, the churchwardens (unless they are the applicants).

(3)

The court may dispense with service on any of the persons mentioned in paragraph (2) if it considers that it is impracticable to serve the application on that person.

(4)

If the court dispenses with service under paragraph (3) it may give directions for such other steps to be taken as it thinks fit for bringing the application to the notice of any person who would otherwise be required to be served with the application.

(5)

Once the applicant has served each of the persons required to be served with the application, the applicant must submit to the registry a certificate of service that—

(a)

states the title of the proceedings as stated in the application;

(b)

states, in respect of each of the persons who have been served—

(i)

what was served;

(ii)

the method of service;

(iii)

the address at which the application was served; and

(iv)

the date on which the application was served;

(c)

is verified by a statement of truth in the following form—

“I believe that the facts stated in this certificate are true.”; and

(d)

is signed and dated by the maker of the certificate.

Annotations

Commencement

I1: Rule 16.3 in force at 1.1.2016, see rule 28.1(2)