The Claims Management Services Tribunal Rules 2007

Sending notices

38.—(1) This rule applies to any notice sent under these Rules, and in this rule—

“send” to a person includes deliver or give to, or serve on, that person;

“notice” includes any notice or other information required or authorised by these Rules to be sent or delivered to, or served on, any person; and

“recipient” means a person to, or on whom, any notice is required or authorised to be sent for the purposes of these Rules.

(2) A notice may be sent—

(a) by a postal service which seeks to deliver documents or other things by post no later than the next working day in all or in the majority of cases;

(b) by fax;

(c) by email to an appropriate email address; or

(d) by personal delivery.

(3) A notice must be sent—

(a) in the case of a notice directed to the Tribunal, to the Tribunal’s office;

(b) in the case of a notice directed to the appellant or where relevant the applicant—

(i) to his representative; or

(ii) where there is no representative, to the appellant or where relevant the applicant,

at the appropriate address notified to the Tribunal in accordance with rule 4(3);

(c) in the case of a notice directed to the Regulator, to the Regulator’s head office; or

(d) otherwise, to the recipient’s registered office or last known address.

(4) Subject to paragraphs (5) and (6), a notice that is sent will be deemed, unless the contrary is proved, to have been received—

(a) where it was sent by post, on the second day after it was sent; and

(b) in any other case, on the day it was sent.

(5) Where a notice is sent by post to the Tribunal, it will be deemed to have been received on the day it was actually received by the Tribunal.

(6) No notice will be deemed to have been received if it is not received—

(a) in legible form; or

(b) in a form from which it can readily be produced in a legible form.

(7) Where the time prescribed by these Rules for doing any act expires on a Saturday, Sunday, Christmas Day, Good Friday or bank holiday, the act will be in time if done on the next following working day.

(8) Paragraph (9) applies where—

(a) a recipient cannot be found;

(b) a recipient has died and has no known personal representative;

(c) a recipient has no address for service in the United Kingdom; or

(d) for any other reason service on a recipient cannot be readily effected.

(9) Where this paragraph applies the chairman may dispense with service on the recipient or may make an order for alternative service on such other person or in such other form (whether by advertisement in a newspaper or otherwise) as the chairman may think fit.

(10) In this rule, “bank holiday” means a day that is specified in, or appointed under, the Banking and Financial Dealings Act 1971(1).

(1)

1971 c.80.