Friday Law Report: Deemed Date of Service Could Not Be Rebutted by Evidence of Actual Date ; 19 October 2001 Godwin V Swindon Borough Council Court of Appeal, Civil Division (Lord Justice Pill, Lord Justice May and Mr Justice Rimer) 10 October 2001

Beginning of article

THE PROVISIONS in rule 6.7(1) of the Civil Procedure Rules relating to deemed dates of service of documents clearly meant that, for each of the methods of service referred to in the table contained in the rule, the day to be derived from the second column of the table was to be treated as the day on which the document had been served.

The Court of Appeal allowed the defendant's appeal against a decision refusing to strike out the claimant's personal injury claim against it.

The claimant commenced proceedings against the defendant, his employer, for damages for personal injury sustained in February 1997. The claim form was issued on 17 February 2000. Pursuant to …