header-logo header-logo

13 September 2008
Issue: 7288 / Categories: Case law , Judicial line , In Court
printer mail-detail

Claim form postal service delivery

What does it take to displace the service deeming provisions of the CPR...

What does it take to displace the service deeming provisions of the Criminal Procedure Rules (CPR)—the current postal disarray? Surely the time has come for the court to say that the continued application of these provisions is a violence to common sense.

It would take an amendment of the CPR or a decision of the Court of Appeal! However, the latter is unlikely. In a slightly different context, the point did trouble the Court of Appeal in Barnes v St Helens Metropolitan Borough Council [2006] EWCA (Civ) 1372, [2006] All ER (D) 303 (Oct) but the principle is that the occasional deeming of service, when the reality is that the claim form was delayed or lost in the post, is the price to be paid for having a regime that provides certainty as to the service date to be taken.

If the court was satisfied that service had not been effected on the deemed date or at all and that

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll