header-logo header-logo

25 September 2008
Issue: 7338 / Categories: Features , Procedure & practice
printer mail-detail

Civil way: 26 September 2008

Procedure & practice

The mean deem

The deemed date of service of a claim form under r 6.7 is irrebuttable. It could even be on a Sunday when there are no postal deliveries. Or it could be on a date after which service was effected. So tough if, say, a claim form is deemed served outside the four-month period for service when it was actually served within it—especially if the claim is statute barred. Amendments to r 7.5 require despatch, ie posting, leaving with or collection by the relevant service provider, rather than receipt of the claim form within four months (“before midnight on the calendar day four months after the date of issue of the claim form” which should lead to some mind boggling arguments about the precise time at which the claimant shoved his hand into the postbox and whether his wristwatch may have been slow). The defendant's time for acknowledging service and filing a defence will then depend on the date of deemed service.

The business of service

A standard period

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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
back-to-top-scroll