Day 253 - 21 May 96 - Page 37


     
     1        subpoenaed.  Yes, it was 20th June.
     2
     3   MR. JUSTICE BELL: I am certainly no expert in the issue of
     4        subpoenas.
     5
     6   MR. MORRIS:  Can I say, I was informed by my solicitors in a
     7        different case that you have to serve a subpoena by hand,
     8        you cannot ----
     9
    10   MR. JUSTICE BELL:  To serve it personally that means.
    11
    12   MR. MORRIS:  You cannot send it in the post.  We have no
    13        possible opportunity of serving a subpoena by hand to
    14        anybody outside of London.
    15
    16   MR. JUSTICE BELL:  Where does she live?
    17
    18   MR. MORRIS:  North of England.
    19
    20   MS. STEEL:   Cheshire, I think.
    21
    22   MR. MORRIS:  But a judge can authorise a subpoena, or whatever,
    23        and then it can be sent by post.  That is what I was told,
    24        an I do not know.  Probably ----
    25
    26   MR. JUSTICE BELL:  It is not what it says in order 38, rule
    27        17,.  There may be some...  I think what whoever spoke to
    28        you may have been thinking about is that what is called
    29        substituted service may be ordered where personal service
    30        has proved impossible; for instance, because someone is
    31        doing their best to avoid being served.  Then you can order
    32        service in some other way, for instance by post.
    33
    34   MR. MORRIS:  It is because we do not have any agents that we
    35        cannot serve it, anyway, even if the person was happy too
    36        receive it, which they are.
    37
    38   MR. JUSTICE BELL: Have you made inquiries as to what the charges
    39        are for service of a subpoena?  Although I am prepared to
    40        approach the matter on the basis that you generally do not
    41        have funds, or unlimited funds, you clearly have been able
    42        to marshal some funds on some occasions, for instance to
    43        get witnesses here, and you are presumably contemplating
    44        paying Miss Brophy's fares from wherever she comes from,
    45        and therefore you have to contemplate paying one of the
    46        regular agents who serves subpoenas to serve it.  I do not
    47        know what the costs are of that, but I do not see that they
    48        need be outrageous if she is, in effect, willing to be
    49        served, because it is not a matter of an inquiry agent
    50        having to track someone down and then find them in order to 
    51        serve. 
    52 
    53   MR. RAMPTON:  Can I help?  I know nothing of this at all, but
    54        Mrs. Brinley-Codd says that what you do is you find out the
    55        name of a process server in the area -- and the County
    56        Court will tell you that if you do not know already -- and
    57        then you send the subpoena by post to that person and they
    58        trot round and give it.
    59
    60   MR. JUSTICE BELL:  I would expect they have standard fees,

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