Article 13

Order 81, rule 3, shall be amended as follows:—

(1)

In paragraph (1)—

(a)

after sub-paragraph (b) there shall be inserted the following words:—

“or

(c)

by sending a copy of the writ by ordinary first-class post (as defined in Order 10, rule 1(2)) to the firm at the principal place of business of the partnership within the jurisdiction”;

(b)

before the words “where service of the writ” there shall be inserted the words “subject to paragraph (2)”.

(2)

The following paragraph shall be inserted after paragraph (1):—

“(2)

Where a writ is served on a firm in accordance with sub-paragraph (1)(c)—

(a)

the date of service shall, unless the contrary is shown, be deemed to be the seventh day (ignoring Order 3, rule 2(5)) after the date on which the copy was sent to the firm; and

(b)

any affidavit proving due service of the writ must contain a statement to the effect that—

(i)

in the opinion of the deponent (or, if the deponent is the plaintiff's solicitor or an employee of that solicitor, in the opinion of the plaintiff) the copy of the writ, if sent to the firm at the address in question, will have come to the knowledge of one of the persons mentioned in paragraph (1)(a) or (b) within 7 days thereafter, and

(ii)

the copy of the writ has not been returned to the plaintiff through the post undelivered to the addressee.”

(3)

The existing paragraphs (2) and (3) shall stand as paragraphs (3) and (4) respectively and in paragraph (3) as so re-numbered for the words “paragraph (1)” there shall be substituted the words “paragraph (1)(a) or (b)”.