Article 14 Service of documents

Order 65, rule 5 shall be amended as follows.

The following shall be substituted for paragraph (1)(c)—

“(c)

through a document exchange in accordance with paragraph (2A), or

(ca)

by FAX in accordance with paragraph (2B), or”.

In paragraph (1) the words from “In this rule “document exchange”” to the end shall be omitted.

The following shall be substituted for paragraph (2A)

“(2A)

Where—

(a)

the proper address for service includes a numbered box at a document exchange, or

(b)

there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by a solicitor) a document exchange box number, and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange,

service of the document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.

(2B)

Service by FAX may be effected where—

(a)

the party serving the document acts by a solicitor,

(b)

the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such solicitor,

(c)

the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number; and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such a solicitor is willing to accept service by FAX at that number in accordance with this paragraph unless he states otherwise in writing, and

(d)

on the same day as the day of service by FAX the solicitor acting for the party serving the document serves a copy of it on the solicitor acting for the other party by any of the other methods of service set out in paragraph (1), and if he fails to do so, the document shall be deemed never to have been served by FAX. Where the FAX is transmitted on a business day before 4 p.m., it shall, unless the contrary is shown, be deemed to be served on that day, and, in any other case, on the business day next following.”.

In paragraph (3), the words from “In this rule “business day”” to the end shall be omitted.

After paragraph (3) there shall be added the following new paragraph—

“(4)

In this rule—

(a)

“document exchange” means any document exchange for the time being approved by the Lord Chancellor;

(b)

“business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday as defined in Order 3, rule 2(5).”.