The Faculty Jurisdiction Rules 2015

PART 17 Delivery of documents

Methods of service etc.

17.1.—(1) Subject to any other provision of these Rules, any document may be served by any of the following methods—

(a) delivering it to or leaving it at the proper address of the person to be served;

(b) sending it by first class post to that address;

(c) leaving it at a document exchange as provided for in rule 17.3;

(d) sending it by electronic means as provided for in rule 17.4; or

(e) in such other manner as the court may direct.

(2) In the case of a document that is required to be filed or sent or submitted to the registrar or the registry, it may be—

(a) delivered to the registry;

(b) sent by first class post addressed to the registrar at the registry; or

(c) submitted by such other means (including electronic means) as the registrar may allow.

Meaning of ‘proper address’

17.2.  The proper address of a person for the purposes of this Part is—

(a) that person’s usual or last known address; or

(b) the business address of a solicitor (if any) who is acting for that person in the proceedings.

Service through document exchange

17.3.—(1) Service may be effected via a document exchange where this rule applies.

(2) This rule applies if—

(a) a person has given a numbered box at a document exchange as that person’s address for service;

(b) a document exchange box number is inscribed on the writing paper of a party who acts in person or on the writing paper of a solicitor who acts for a party and the party or solicitor has not indicated in writing to the person serving the document that he or she is unwilling to accept service through a document exchange.

Service by electronic means

17.4.—(1) Where a document is to be served by electronic means, the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving the document—

(a) that the party to be served or the solicitor is willing to accept service by electronic means; and

(b) the e-mail address or other electronic identification to which it must be sent.

(2) The following are to be taken as sufficient written indications for the purposes of paragraph (1)—

(a) an e-mail address or other electronic identification set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address or electronic identification may be used for service; or

(b) an e-mail address or other electronic identification set out on a petition, application or other pleading.

Deemed time of submission, filing and service

17.5.  A document is deemed to have been submitted, filed or served under these Rules on the day shown in the following table—

Method	Deemed date of submission, filing or service
First class post (or other service which provides for delivery on the next business day)	The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or, if not, the next business day after that day
Document exchange	The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or, if not, the next business day after that day.
Delivering the document to or leaving it at an address permitted by these Rules	If it is delivered to or left at the address on a business day before 4.30 p.m., on that day; or in any other case, the next business day after that day
Electronic means	If the email or other electronic transmission is sent on a business day before 4.30 p.m., on that day; or in any other case, on the next business day after the day on which it was sent
Personal service	If the document is served personally before 4.30 p.m. on a business day, on that day; or in any other case, on the next business day after that day