Rule 10.2 Service on solicitors

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

rules 10.24-10.25 added by Family Proceedings 1993 rule 6
rules 2.71-2.77 revoked by Family Proceedings 1999 rule 19
rules 3.1-3.20 (Pt.III) am. (references to any of rules 2.52-2.70 shatl be read as references to those rules as they were before these rules came into force) by Family Proceedings 1999 rule 20
rules 3.21-3.23 added by Family Proceedings 1993 rule 4
rules 2.71-2.77 added by Family Proceedings 1997 rule 4
rule 2.45A-2.45B inserted by Family Proceedings 2003 rule 3

(1)

Where a document is required by these rules to be sent to any person who is acting by a solicitor, service shall, subject to any other direction or order, be effected—

(a)

by sending the document by first class post to the solicitor’s address for service; or

(b)

where that address includes a numbered box at a document exchange, at that document exchange or at a document exchange which transmits documents every business day to that document exchange; or

(c)

by FAX (as defined by RSC Order 1, rule 4(1)) in accordance with the provisions of RSC Order 65, rule 5(2B)^f1.

(2)

Any document which is left at a document exchange in accordance with paragraph (1)(b) shall, unless the contrary is proved, be deemed to have been served on the second day after the day on which it is left.

(3)

Where no other mode of service is prescribed, directed or ordered, service may additionally be effected by leaving the document at the solicitor’s address.

Annotations

Footnotes

f1: Rule 5(2B) was inserted by S.I. 1990/2599.