The Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999

Service

6.—(1) Where service of a document is required by these Rules it may be effected, unless the contrary is indicated–

(a) if the person to be served is not known by the person serving to be acting by solicitor–

(i) by delivering it to him personally, or

(ii) by delivering at, or by sending it by first-class post to, his residence or his last known residence, or

(b) if the person to be served is known by the person serving to be acting by solicitor–

(i) by delivering the document at, or sending it by first-class post to, the solicitor’s address for service,

(ii) where the solicitor’s address for service includes a numbered box at a document exchange, by leaving the document at that document exchange or at a document exchange which transmits documents on every business day to that document exchange, or

(iii) by sending a legible copy of the document by facsimile transmission to the solicitor’s office.

(2) In this rule, “first-class post” means first-class post which has been pre-paid or in respect of which pre-payment is not required.

(3) A document shall, unless the contrary is proved, be deemed to have been served–

(a) in the case of service by first-class post, on the second business day after posting,

(b) in the case of service in accordance with paragraph (1)(b)(ii), on the second business day after the day on which it is left at the document exchange, and

(c) in the case of service in accordance with paragraph (1)(b)(iii), where it is transmitted on a business day before 4 p.m., on that day and in any other case, on the next business day.

(4) In this rule, “business day” means any day other than–

(a) a Saturday, Sunday, Christmas Day or Good Friday; or

(b) a bank holiday under the Banking and Financial Dealings Act 1971(1), in England and Wales.

(1)

1971 c. 80.