Deemed Dates of Service Flashcards
Olivia, a solicitor for the claimant, sends a claim form by email to the defendant’s solicitor at 6:00 PM on Tuesday, 10th October. When is the claim form deemed served?
A) 10th October
B) 11th October
C) 12th October
D) 13th October
D) 12th October
📖 Explanation:
Claim forms are deemed served on the second business day after the relevant step (CPR 6.14).
Relevant step for email: Sending the email.
Sent at 6:00 PM (after 4:30 PM), so the next business day is counted as the starting point (Wednesday, 11th October).
Second business day = Thursday, 12th October.
David, acting for the claimant, posts a claim form by first-class post on Monday, 5th June. When is the deemed date of service?
A) 5th June
B) 6th June
C) 7th June
D) 8th June
C) 7th June
📖 Explanation:
Claim forms are deemed served on the second business day after posting (CPR 6.14).
Monday, 5th June → Second business day = Wednesday, 7th June.
A claimant’s solicitor serves the particulars of claim separately from the claim form via fax at 2:00 PM on Friday, 3rd November. When is the deemed date of service?
A) 3rd November
B) 4th November
C) 6th November
D) 7th November
A) 3rd November
📖 Explanation:
Documents other than claim forms served via fax before 4:30 PM on a business day are deemed served on the same day (CPR 6.26).
A claimant issued a claim form on 1st February but forgot to serve it until 5th June. The defendant challenges the claim on the basis that it was not properly served. What is the consequence?
A) The claim fails, and a new claim must be issued
B) The court grants an automatic extension of time
C) The claim form remains valid but must be served within 14 days
D) The defendant must still respond to the claim
A) The claim fails, and a new claim must be issued
📖 Explanation:
Claim forms must be served within 4 months of issue (CPR 7.5).
1st February → Deadline = 1st June.
Missed deadline = claim automatically fails (unless an extension was granted before the deadline).
A claimant wishes to serve documents via email to the defendant. The defendant’s solicitor has previously stated in writing that they do not accept service via email. What should the claimant do?
A) Serve by email anyway
B) Serve by post or another permitted method
C) Ignore the solicitor’s statement and serve at the defendant’s business address
D) Apply to the court for permission to serve by email
B) Serve by post or another permitted method
📖 Explanation:
Email service is only valid if the defendant’s solicitor has agreed to accept service by email (CPR 6.3).
If no agreement exists, another permitted method (e.g., post, personal service, or DX) must be used.
A claimant posts a claim form by first-class post on Friday, 22nd December. When is the deemed date of service?
A) 24th December
B) 26th December
C) 28th December
D) 29th December
D) 28th December
📖 Explanation:
Claim forms are deemed served on the second business day after posting (CPR 6.14).
Friday, 22nd December → Next business day: Wednesday, 27th December (as 25th & 26th December are bank holidays).
Second business day = Thursday, 28th December.
A solicitor serves a claim form to the defendant’s insurer, rather than the defendant’s business or registered office. The defendant argues that service is invalid. What will the court likely decide?
A) Service is valid
B) Service is invalid
C) The court will grant an extension of time automatically
D) The insurer must forward the claim to the defendant
B) Service is invalid
📖 Explanation:
Claim forms must be served at the defendant’s usual or last known residence, business, or solicitor’s address (if provided) (CPR 6.9).
Serving the wrong entity (insurer) = invalid service.
A claimant serves a claim form on 1st March and states that particulars of claim will follow separately. By what date must the particulars of claim be served?
A) 7th March
B) 15th March
C) 29th March
D) 1st July
B) 15th March
📖 Explanation:
If not served with the claim form, particulars of claim must be served within 14 days of the deemed date of service of the claim form (CPR 7.4(1)(b)).
Deemed service of the claim form: 1st March → Deadline for particulars: 15th March.
However, it must still be within the 4-month period → If claim form was issued on 1st March, final deadline is 1st July.
A claimant’s solicitor serves documents by email without checking whether the defendant’s solicitor accepts service electronically. The defendant disputes service. What is the likely outcome?
A) Service is valid
B) Service is invalid, and documents must be re-served correctly
C) The court will accept service anyway
D) The defendant must respond to the documents
B) Service is invalid, and documents must be re-served correctly
📖 Explanation:
Electronic service is only valid if the recipient has agreed to accept service in that way (CPR 6.3).
A claim form and particulars of claim are served on a defendant on 10th April. By what date must the defendant file an acknowledgment of service or defence?
A) 17th April
B) 24th April
C) 8th May
D) 10th May
C) 8th May
📖 Explanation:
A defendant has 14 days from deemed service to file an acknowledgment of service.
If acknowledged, they have 28 days in total to file a defence (CPR 15.4).
