header-logo header-logo

23 June 2017
Issue: 7751 / Categories: Case law , Judicial line , In Court
printer mail-detail

Non-mole service

Q Suppose a non-molestation applicant is acting in person and obtains an order for alternative service of the application or order made (or both) on the respondent, whether directly by post or indirectly through a third party. Is the applicant still prevented from effecting service themselves under the Family Procedure (Amendment) Rules 2017? Also, what is the practical effect of the applicant serving in breach of the prohibition? Would purported service be a nullity?

A The new provisions do not prevent service by the applicant by other means, where permitted. So if the court makes an order for service by an alternative method allowing the applicant to serve by post, service in accordance with that order will be effective. In general, though, service by a third party is to be preferred.

Personal service by an applicant in breach of the provisions does not invalidate service: see FPR 4.7. The court may remedy the defect (eg by dispensing with service), but is unlikely to do so unless satisfied that the respondent has actually received the papers.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
back-to-top-scroll