The Family Procedure (Amendment) Rules 2024

Amendment of Part 6

3.—(1) In rule 6.4 (method of service), after sub-paragraph (d), insert—

“(Rule 6.23A specifies how service is to be effected on a person where there are reasonable grounds to believe that person is residing in a refuge.)”.

(2) After rule 6.23 (method of service) insert—

“Service on a person where there are reasonable grounds to believe that person is residing in a refuge

6.23A.— (1) This rule applies where documents must be served on a person where there are reasonable grounds to believe that person is residing in a refuge.

(2) This Part and any other rule or Practice Direction which makes provision regarding service apply subject to paragraphs (3) to (7).

(3) The court must give directions as to the method of service to be effected, including where a party seeks to serve an application form commencing proceedings.

(4) The court may not direct personal service in accordance with rule 6.23(a), unless it considers this to be necessary in exceptional and urgent circumstances.

(5) Where the court is considering directing personal service, the requirements in Practice Direction 6D apply.

(6) Where the court does not direct personal service, the court may direct that service be effected by the court by any of the following methods, in the following order of preference—

(a) in accordance with rule 6.23(d), subject to the requirements in Practice Direction 6D;

(b) in accordance with rule 6.23(b), subject to the requirements in Practice Direction 6D;

(c) in accordance with rule 6.35.

(7) The address, name or other identifying details of the refuge where there are reasonable grounds to believe the party to be served is residing must not be disclosed to the party who seeks to serve a document, or that party’s solicitor.

(8) In this rule, the term ‘refuge’ has the same meaning given in Practice Direction 6D.”.