{
  "url": "https://openlegislation.uk/rules-of-the-supreme-court-amendment-no-2-1979/article-5",
  "json_url": "https://openlegislation.uk/rules-of-the-supreme-court-amendment-no-2-1979/article-5.json",
  "legislation": "uksi/1979/402",
  "legislation_title": "The Rules of the Supreme Court (Amendment No. 2) 1979",
  "legislation_url": "https://openlegislation.uk/rules-of-the-supreme-court-amendment-no-2-1979",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "The following paragraphs shall be added to Order 13, rule 7, after paragraph (2):—\n“(3) Where, after judgment has been entered under this Order against a defendant purporting to have been served by post under Order 10, rule 1(2)(a), the copy of the writ sent to the defendant is returned to the plaintiff through the post undelivered to the addressee, the plaintiff shall, before taking any step or further step in the action or the enforcement of the judgment, either—\n(a) make a request for the judgment to be set aside on the ground that the writ has not been duly served, or\n(b) apply to the Court for directions.\n(4) A request under paragraph (3)(a) shall be made by producing to an officer of the office in which the judgment was entered, and leaving with him for filing, an affidavit stating the relevant facts, and thereupon the judgment shall be set aside and the entry of the judgment and of any proceedings for its enforcement made in the book kept in the office for that purpose shall be marked accordingly.\n(5) An application under paragraph (3)(b) shall be made ex parte by affidavit stating the facts on which the application is founded and any order or direction sought, and on the application the Court may—\n(a) set aside the judgment; or\n(b) direct that, notwithstanding the return of the copy of the writ, it shall be treated as having been duly served, or\n(c) make such other order and give such other direction as the circumstances may require.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1979/402/article/5",
    "retrieved_at": "2026-10-29T19:19:44.142864+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}