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Civil Summons - right person?

  • 15-11-2009 8:31pm
    #1
    fliptzer
    Registered Users, Registered Users 2 Posts: 65 ✭✭


    Hi,

    Just have a questions regarding a civil summons pursuant to (I think) the Courts Acts. I know that registered post is the usual way to serve a summons for a small amount but does the fact that it’s registered amount to it being validly served?

    In a moot workshop the question arose over if a summons was sent by registered post to Mr. X but signed for by a different person Mrs. Y (a tenant - as Mr. X doesn’t live there) does that amount to a valid serving?

    My understanding is that for a summons to be served it’s usual to have the phrase: “The Defendant ordinarily resides or carries on a profession, business or occupation at the above address which is situated in the said Court Area and District….” Etc.

    I couldn’t figure out if being a landlord constitutes ‘a profession’ or ‘business’ – this kind of split the group and was wondering if anyone had any ideas? Or any case law on the matter?

    Thanks.


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