--(1) Instead of personal service a party may choose an alternative method of service.
--(2) Where a party chooses an alternative method of service and the court is asked to take any step on the basis that the claim form and statement of case have been served, the party who served the claim form and statement of case must prove service to the satisfaction of the court by filing an affidavit-
----(a) giving details of the method of service used; and
----(b) showing that-
--------(i) the person intended to be served was able to ascertain the contents of the documents; or
--------(ii) it is likely that he would have been able to do so; and
----(c) stating the time when the person served was or was likely to be in a position to ascertain the contents of the documents.
--(3) The court office must immediately refer any affidavit filed under paragraph (2) to a master or judge who must consider the evidence and endorse on the affidavit whether it satisfactorily proves service.
--(4) If the court is not satisfied with the method of service the court office must fix a date, time and place to consider making an order under rule 5.12 and give at least 3 days notice to the claimant.
Notes
Back to Part (5. Service of Claim Form)
Previous Rule (5.9 Proof of postal service)
Next Rule (5.11 Service of claim form on minors and patients)