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ARTICLE · 21 SEPTEMBER 2017

Service Of Claim Form - Jones V Chichester Harbour

Clyde & Co
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Difficulties can arise where an order or notice provides that the claim form has to be served by a particular date.

United KingdomLitigation, Mediation & Arbitration
Clyde & Co LLP
Clyde & Co LLP
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Case Alert - [2017] EWHC 2270 (QB)

Court considers what a claimant must do to effect service where date for service extended to a particular date

CPR r7.5 provides that "Where the claim form is served within the jurisdiction, the claimant must complete the step required by the following table in relation to the particular method of service chosen, before 12.00 midnight on the calendar day four months after the date of issue of the claim form". CPR r6.14 provides that "A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1)".

Difficulties can arise where an order or notice provides that the claim form has to be served by a particular date. Does that mean that the step referred to in CPR r7.5 must be taken on or before that date, or that deemed service under CPR r6.14 must take place on or before that date?

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