header-logo header-logo

Service provisions—what's new?

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

Amanda Wadey looks at the new CPR service provisions due to come into force on 1 October 2008

New CPR service provisions
Background

Last year, the Ministry of Justice undertook a consultation on the service rules in the CPR. The result of that process is a new set of rules, with the service of the claim form and the service of other documents having their own separate provisions, and an amended practice direction.
Deemed service of the claim form

Perhaps the most vigorous shake-up was given to the rules on deemed service. Confusion had reigned since Godwin v Swindon BC which exposed the lack of clarity between deemed service and actual service.

The rules have been unified so that they are the same for all types of service of the claim form. The deemed date for service will be the second business day after the “step required” for each method, as set out in new CPR 7.5. For example, the step required for postal service is “posting, leaving with, delivering to or collection by the relevant service

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

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to head international insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
Ministers’ proposals to raise funds by seizing interest on lawyers’ client account schemes could ‘cause firms to close’, solicitors have warned
Pension sharing orders (PSOs) have quietly reached their 25th anniversary, yet remain stubbornly underused. Writing in NLJ this week, Joanna Newton of Stowe Family Law argues that this neglect risks long-term financial harm, particularly for women
A school ski trip, a confiscated phone and an unauthorised hotel-room entry culminated in a pupil’s permanent exclusion. In this week's issue of NLJ, Nicholas Dobson charts how the Court of Appeal upheld the decision despite acknowledged procedural flaws
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
back-to-top-scroll