OpenLegislation

Article 10

Original text. Later amendments are not shown.

Order 12, rule 2, shall be revoked, and for Order 12, rule 3, there shall be substituted the following rule:—

“Acknowledgment of service

3
(1)

An acknowledgment of service must be in Form No. 14 or 15 in Appendix A, whichever is appropriate, and, except as provided in rule 1 (2), must be signed by the solicitor acting for the defendant specified in the acknowledgment or, if the defendant is acting in person, by that defendant.

(2)

An acknowledgment of service must specify—

(a)

in the case of a defendant acknowledging service in person, the address of his place of residence and, if his place of residence is not within the jurisdiction or if he has not place of residence, the address of a place within the jurisdiction at or to which documents for him may be delivered or sent, and

(b)

in the case of a defendant acknowledging service by a solicitor, a business address of his solicitor's within the jurisdiction;

and where the defendant acknowledges service in person, the address within the jurisdiction specified under sub-paragraph (a) shall be his address for service, but otherwise his solicitor's business address shall be his address for service.

In relation to a body corporate the references in sub-paragraph (a) to the defendant's place of residence shall be construed as references to the defendant's registered or principal office.

(3)

Where the defendant acknowledges service by a solicitor who is acting as agent for another solicitor having a place of business within the jurisdiction, the acknowledgment of service must state that the first-named solicitor so acts and must also state the name and address of that other solicitor.

(4)

If an acknowledgment of service does not specify the defendant's address for service or the Court is satisfied that any address specified in the acknowledgment of service is not genuine, the Court may on application by the plaintiff set aside the acknowledgment or order the defendant to give an address or, as the case may be, a genuine address for service and may in any case direct that the acknowledgment shall nevertheless have effect for the purposes of Order 10, rule 1(5), and Order 65, rule 9.”