County Court Rules (Northern Ireland) 1981

ORDER 6 Service

Issue of civil bill

1.  A civil bill shall be deemed to have been issued—

(a) so soon as it has been received by a process server (or other person authorised by this Order) for service on any defendant; or

(b) so soon as service of it has been accepted by a solicitor under Rule 3(4); or

(c) without prejudice to paragraphs (a) and (b), so soon as an order for service of a civil bill has been made under Rule 6(2) or so soon as service declared sufficient under Rule 7 has been effected or so soon as service of a civil bill to which Rule 11 applies has been effected in accordance with that Rule; or

(d) where service is by post, as soon as it has been posted; or

(e) in an action such as is referred to in Rule 9(2) of Order 3 (where a civil bill is issued against “the personal representatives of AB deceased”) when a copy thereof is filed in the Office.

Process servers and their duties

2.—(1) The name and address of every person appointed as a process server or removed from or otherwise ceasing to hold the office of process server shall be published in such manner and at such times as the judge thinks expedient.

(2) Every process server who holds office at the date of coming into operation of these Rules shall at the first sittings after such date of the court for the division in which he acts as process server, and every process server appointed after the coming into operation of these Rules shall on appointment, take the oath set out in Form 38.

(3) Subject to the provisions of this Order, a process server shall serve all civil bills and other documents received by him for service.

(4) Every process server shall keep, in such form as may be approved by the judge, a book in which he shall enter the following particulars in relation to every civil bill or document received by him for service, that is to say—

(a) the names of the plaintiff and defendant;

(b) the cause of action;

(c) the date on which he received the civil bill or document for service;

(d) the date on which he served the civil bill or document;

(e) the place where and the name or description of the person on or with whom the civil bill or document was served or left; or if the civil bill or document has not been served on or left with any person, the reason why service has not been effected.

(5) A process server shall not accept for service—

(a) any copy of a civil bill unless it is accompanied by the original civil bill;

(b) any civil bill not duly stamped.

(6) Every process server shall compare with the original every copy of each civil bill received by him for service, and before serving such copy shall endorse his name thereon; and after effecting service shall endorse on the original civil bill a statement of the day of the week and date upon which, the manner in which, and the place where such service was effected, and as to the person (whether the defendant, the husband or wife of the defendant or a relative or employee of his) on whom the civil bill was served, and shall sign such statement.

(7) On or before the day following the last day for service, each process server shall return every original civil bill to the solicitor or other person from whom he received it.

(8) As soon as possible after service of a summary civil bill, the process server shall return the original, duly endorsed as to service, to the plaintiffs solicitor.

(9) It shall be the duty of every process server to attend the sittings of the court for the division or part thereof for which he has been appointed and produce his book or books, or in his unavoidable absence to cause such book or books to be so produced.

(10) In the event of the unavoidable absence or of the illness or death of a process server, his book or books shall be so produced and verified by some person who can swear to the handwriting of the process server, and on being so verified shall be prima facie evidence of the matters entered therein.

(11) Where personal service has been effected but the process server does not know of his own knowledge that the person served is the defendant, satisfactory proof of the identity of the person served must be given.

(12) Process servers shall lodge their books in the Office when and so often as the judge may direct; and books so lodged shall be kept as part of the records of the court.

(13) The oath to be taken by a process server at each sitting of the court shall be in Form 39.

Service of civil bills

3.—(1) A civil bill shall not be served otherwise than in accordance with this Order.

(2) Except where otherwise directed under this Rule or Rules 6, 7, 9 and 11, a civil bill may be served either—

(a) by a process server appointed for the division of the court in which proceedings are brought or that specified by paragraph (3), or

(b) where service is not required by paragraph (6) or Rule 5 of Order 39 or Rule 6(1) of Order 40 to be made on the defendant in person, by a solicitor or member of his staff over the age of 16 years, sending, by registered post or by first class post using the recorded delivery service, a copy of the civil bill and any other document required to be attached thereto in an envelope addressed to the person to be served as stated in the civil bill.

(3) Subject to paragraph (4) and to Rules 6, 7 and 11, where a person to be served with a civil bill resides outside the division of the court in which the proceedings are to be brought, the civil bill shall, unless served under paragraph (2)(b), be served by a process server for the division within which the person to be served resides and proof of such service shall be by affidavit to be filed not later than entry day in the office of the chief clerk for the division in which the proceedings are to be brought.

(4) Where a solicitor represents that he is authorised to accept service of a civil bill on behalf of any defendant (not being a default or summary civil bill issued under Order 12 or a civil bill under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981(1), the delivery by any person of a copy of the civil bill to that solicitor shall be good service if that solicitor endorses and signs on the original a memorandum stating that he is so authorised as aforesaid and that he accepts service accordingly.

(5) Except where otherwise directed or permitted under this Order, service of a civil bill shall be effected—

(a) by delivering a copy of the civil bill to the defendant personally; or

(b) by leaving a copy of the civil bill at the defendant's residence or place of business with the wife or husband of the defendant, or with some relative of the defendant or of the husband or wife of the defendant, or with an employee of the defendant, the relative or employee being apparently over the age of sixteen years.

References in this paragraph to a defendant include references to a person who under the provisions of this Order is to be served with a civil bill.

(6) A civil bill issued under Article 107 of the Judgments Enforcement (Northern Ireland) Order 1981 shall be served personally on the defendant named therein.

(7) Nothing in paragraphs (5) and (6) shall affect the method of serving documents on a company provided by section 385 of the Companies Act (Northern Ireland) 1960(2).

(8) in the absence of any statutory provision regulating service of process, service of a civil bill on a corporation aggregate may be made on the mayor or other head officer, or on the clerk, treasurer or secretary.

(9) Where a defendant keeps his residence or place of business closed, or temporarily abandons either, so as to prevent the ordinary service of a civil bill, it shall be sufficient service to post a copy of the civil bill on the door or other conspicuous part of such residence or place of business.

(10) Where a civil bill is issued in an action such as is referred to in Rule 9(2) or (3) of Order 3 and cannot be served because no grant of probate or administration has been made, a copy (if the civil bill shall be filed by delivery to the Office as soon as it appears that the defendant is dead and that it cannot be served otherwise for the purpose of commencing the action.

Actions for recovery of land

4.—(1) In any action for the recovery of land—

(a) for overholding, the civil bill shall be served—

(i) on the tenant; and

(ii) on any person in actual possession of the land;

(b) for non-payment of rent, the civil bill shall be served on arty person in actual possession of the land as tenant or under-tenant;

(c) on the title, the civil bill shall be served—

(i) on any person in actual possession of the land; and

(ii) on any person who is in receipt of the rents or profits of the land or any part thereof; and

(iii) on such other persons as the judge may direct;

so, however, that in relation to an application for possession made in accordance with Rule 10 of Order 40 the civil bill shall be served on the judgment debtor instead of on such persons as are referred to in sub-paragraph (ii) above;

(d) where at least six months' rent of the land remains unpaid and the tenant has deserted or otherwise abandoned the land leaving the premises thereon unoccupied or the land not farmed in accordance with the rules of good husbandry, the civil bill shall be served—

(i) on the tenant; and

(ii) on any person in actual possession of the land;

(e) where any person has been put into possession or occupation of the land by permission, or as a servant or caretaker, or as a tenant strictly at will or on sufferance, the civil bill shall be served on—

(i) the person who has been so put into possession or occupation; or

(ii) any persons being or claiming to be in possession or occupation through or under such person.

(2) Where in any action to which any of the sub-paragraphs (b) to (e) of paragraph (1) applies there is no person in actual possession of the land to which the action relates, a copy of the civil bill shall be affixed on some conspicuous part of the land.

Persons under disability

5.—(1) Where a defendant or party to any proceeding is a minor, the civil bill shall be served on his father or guardian or, if he has no father or guardian, then on the person with whom he resides; but the judge may order that service effected or to be effected on the minor shall be deemed good service.

(2) Where a defendant or party to any proceeding is a person of unsound mind (whether or not so found) the civil bill shall be served on his committee or, if he has no committee, on the person with whom he resides or under whose care he is.

Resistance to service; substituted service

6.—(1) Where the judge is satisfied, on an application made by the plaintiff either in court or chambers, that the process server has been prevented by forcible resistance, or by reasonable apprehension of personal injury, from serving the civil bill upon anyone in person, the judge may order that a copy of the civil bill be sent by registered post to the person to be served and that a copy be posted on such courthouse as the judge may direct, together with a notice stating that such copy is respectively sent and posted by order of the judge, and that such sending and posting is good service.

(2) Where the judge is satisfied; on an application made by the plaintiff either in court or chambers, that for any reason due service of the civil bill cannot be effected promptly, the judge may make such order for substituted service, or for notice by advertisement in substitution for service, or otherwise as he thinks just.

(3) An order under paragraph (1) or paragraph (2) shall state the day on which the action will be heard, and a copy of the order shall (except where the service is to be by advertisement) be posted or served along with the civil bill.

(4) An application for an order under this Rule may be grounded on an affidavit stating the facts on which the applicant relies.

Service deemed good

7.  The judge may in any case declare the service actually effected sufficient.

Time for service

8.  Every civil bill other than a summary civil bill shall be served before the beginning of a period of twenty-eight days ending on the entry day.

A process server shall, as soon as possible after he has received a summary civil bill, serve it upon the defendant.

Service in special circumstances

9.—(1) Where the judge or chief clerk on the application of a solicitor is satisfied of the existence or imminence of such special circumstances as would render impracticable the service of any civil bill in accordance with the foregoing Rules of this Order, he may direct or authorise such service—

(a) to be effected by means of the recorded delivery service; or

(b) to be effected in such other manner and by such person and to be proved in such manner as he may direct.

(2) Where it would be impracticable to make such an application as is provided for in paragraph (1) the solicitor for the plaintiff or a partner or apprentice of his may himself serve the civil bill as if he were a duly appointed process server. A solicitor who serves a civil bill or causes a civil bill to be served as aforesaid shall forthwith make and shall file in the Office not later than entry day an affidavit setting forth all relevant facts; and it shall be in the discretion of the judge to direct that such service be deemed good service.

Application of this Order

10.—(1) Except where otherwise provided by any enactment and subject to paragraph (2), the foregoing Rules of this Order shall apply mutatis mutandis to the service of petitions, summonses, notices or any other documents required or authorised to be served for the purposes of initiating any proceedings in a county court.

(2) Rule 2(5)(a), (6) and (7) shall not apply to the service of a petition and such service shall be proved by affidavit of the process server or, where service was by post, by production of the solicitor's certificate of posting.

Proceedings under the Crown Proceedings Act

11.—(1) The provisions of this Order relating to personal service shall not apply to any civil bill or other document required to be served on the Crown Service of any such civil bill or document shall be in accordance with section 18 of the Crown Proceedings Act and may be effected either—

(a) by leaving the civil bill or document at the office of the person to be served; or

(b) by sending it by registered post addressed to the person to be served.

(2) A civil bill at the suit of the Crown may by leave of the judge be served out of Northern Ireland in any case in which leave might be granted by the High Court for the service of a writ of summons out of the jurisdiction. Where such leave has been given in any proceedings in a county court, the like leave may be given in respect of documents to be subsequently served in those proceedings.

(3) Where leave is sought to serve a civil bill at the suit of the Crown anywhere in Great Britain, if it appears to the judge that there may be a concurrent remedy in England or Scotland (as the case may be), the judge shall have regard to the comparative cost and convenience of proceedings within the jurisdiction of the court, or in the place of residence of the intended defendant, and particularly to the powers and jurisdiction of the county courts in England, and of the sheriff courts or small debt courts in Scotland, respectively.

(4) An application for leave to serve a civil bill at the suit of the Crown on a person outside the United Kingdom shall be supported by affidavit or other evidence—

(a) stating that, in the belief of the deponent, the applicant has a good cause of action; and

(b) showing—

(i) in what country and place the person to be served is, or may probably be found;

(ii) whether such person is a British subject or not; and

(iii) the grounds on which the application is made;

and where the judge gives leave for the service of such a civil bill or other document outside the United Kingdom, he shall fix the return day, and in so doing shall have regard to the distance of the country wherein service is to be effected.

(5) Where leave is given under the preceding paragraphs of this Rule for service out of the jurisdiction, such service shall, subject to this paragraph, be effected either—

(a) by posting the document to be served together with a copy of the relevant order in a prepaid registered envelope addressed to the person to be served; or

(b) by transmitting such document to an agent of the plaintiff for personal service by such agent;

but where the person to be served is outside Her Majesty's dominions there shall be served on him a copy of the relevant order and a notice of commencement of proceedings to which there shall be annexed a copy of the document for the service of which leave has been given.

Proof of service by post

12.—(1) Where service of a civil bill or other document has been made by post under these Rules, the person posting the copy civil bill or document shall endorse on the original his name, the date on which it Was posted and the serial number on the envelope and on the post office certificate of posting.

(2) Evidence of such service shall be given by the production of a certificate of the solicitor personally in charge of the proceedings on behalf of his client and such certificate shall be in Form 40; and—

(i) refer to the original civil bill or document and any other document attached thereto and the serial number on the post office receipt for posting and on the envelope containing, the copy thereof;

(ii) state the contents of the envelope and by whom it was posted;

(iii) exhibit the post office receipt for posting;

(iv) state that, to the best of the knowledge and belief of the solicitor, the address on the envelope was that of the last known place of abode of the person to be served;

(v) state affirmatively that the envelope has not been returned by the post office as undelivered;

(vi) exhibit the relevant post office advice of delivery.

(3) Every document proved to have peen posted and delivered as aforesaid shall, unless the contrary is shown, be deemed to have been served on the person to whom the envelope containing it was addressed at the time stated in the advice of delivery.

(1)

S.I. 1981/226 (N.I. 6)

(2)

1960 c. 22 (N.I.)