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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll