The Family Procedure (Adoption) Rules 2005

SECTION 1GENERAL RULES ABOUT SERVICE

Scope of this Part

34.  The rules in this Part apply to the service of documents, including a document that is required to be given or sent by these Rules or any practice direction, except where—

(a)any other enactment, a rule in another Part or a practice direction makes a different provision; or

(b)the court directs otherwise.

Methods of service

35.—(1) Subject to paragraph (2), a document may be served—

(a)where it is not known whether a solicitor is acting on behalf of a party—

(i)by delivering it to the party personally; or

(ii)by delivering it at, or by sending it by first class post to, the party’s residence or last known residence; or

(b)where a solicitor is known to be acting on behalf of a party—

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

(ii)through a document exchange in accordance with the relevant practice direction.

(2) A notice of hearing must be served in accordance with paragraph (1)(a)(i) or (ii) irrespective of whether a solicitor is acting on behalf of a party.

(3) Where it appears to the court that there is a good reason to authorise service by a method not permitted by paragraph (1), the court may direct that service is effected by an alternative method.

(4) A direction that service is effected by an alternative method must specify—

(a)the method of service; and

(b)the date when the document will be deemed to be served.

Who is to serve

36.—(1) A document which has been issued or prepared by a court officer will be served by the court officer except where—

(a)a practice direction provides otherwise; or

(b)the court directs otherwise.

(2) Where a court officer is to serve a document, it is for the court to decide which of the methods of service specified in rule 35(1) is to be used.

Service of documents on children and patients

37.—(1) The following table shows the person on whom a document must be served if it is a document which would otherwise be served on a child, non-subject child or patient—

(2) Where a child is directed by the court to serve a document, service is to be effected by—

(a)the solicitor acting for the child;

(b)where there is no such solicitor, the children’s guardian;

(c)where there is neither a solicitor or children’s guardian, the litigation friend; or

(d)where there is neither a solicitor, children’s guardian, or litigation friend, a court officer.

(3) Where a non-subject child or patient is directed by the court to serve a document, service is to be effected by—

(a)the solicitor acting for the non-subject child or patient; or

(b)where there is no such solicitor, the litigation friend.

(4) The court may give directions permitting a document to be served on the child, non-subject child or patient, or on some other person other than the person specified in the table in this rule.

(5) The court may direct that, although a document has been served on someone other than the person specified in the table, the document is to be treated as if it had been properly served.

(6) This rule does not apply where a non-subject child is conducting proceedings without a litigation friend in accordance with rule 51.

Deemed service

38.—(1) Unless the contrary is proved, a document which is served in accordance with these Rules or any relevant practice direction will be deemed to be served on the day shown in the following table—

(2) If a document is served personally—

(a)after 5 p.m. on a business day; or

(b)at any time on a day which is not a business day

it will be treated as being served on the next business day.

Power of court to dispense with service

39.  Where a rule or practice direction requires a document to be served, the court may direct that the requirement is dispensed with.

Certificate of service

40.—(1) Where a rule, practice direction or court order requires a certificate of service, the certificate must state the details set out in the following table—

(2) Where an application form is to be served by the applicant he must file a certificate of service within 7 days beginning with the date on which the application form was served.

Notice of non-service

41.  Where a person fails to serve any document under these Rules or as directed by the court he must file a certificate of non-service stating the reason why service has not been effected.