Deemed Dates of Service Flashcards
What is the deemed date of service?
The date on which service is deemed to have occurred, irrespective of when it was actually received.
Why is the exact date of service important in litigation?
It is the date from which important deadlines for response are calculated. If missed, it may significantly impact the ability to defend.
What does the deemed date of service apply to?
It applies to all documents in litigation.
Why is it important to know deemed service of claim form?
The claimant should know when particulars of claim are due, and the defendant should know when to serve a response.
When is a claim form deemed served?
A claim form is deemed served on the second business day after completion of the ‘relevant step.’
What is the deemed date of service for documents other than claim form?
The time is not uniform and depends on the method of service.
What are the instant methods of service?
Personal service, Fax, Email, Delivering to permitted address.
What is the rule for deemed service for instant methods of service?
If the service is done before 4.30 pm on a business day, it is deemed served the same day. Otherwise, it is deemed served the next business day.
What are the non-instant methods of service?
Post, DX.
What is the rule for deemed service for non-instant methods of service?
For post or DX, it is deemed served on the secondary day after posting if a business day, otherwise the next business day.
