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
Kate O'Hanlon, Barrister, The Independent (London, England)
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 CPR 7.5(2) the claim form was required to be served within four months of that date but time for service of the proceedings was extended to 8 September 2000.
On 7 September the claimant posted the claim form and particulars of claim by first-class post to the defendant. The documents were received by the defendant on 8 September, a Friday, the last day for service under the orders extending time. The defendant applied to have the claim struck out on the basis that, pursuant to CPR 6.7(1), service of the claim form had not been effected within the required time.
CPR 6.7(1) provided that a document which was served in accordance with the rules or any relevant practice direction should be deemed to be served on the day shown in a table, which provided that, where service was effected by first-class post, the deemed day of service was the second day after posting, excluding, inter alia, a Saturday or Sunday.
The defendant argued that that deeming provision applied regardless of the actual date on which the document might have reached its destination, and that the deemed day of service was therefore 11 September. …