What is the deemed date of service of a claim form?

The question we received was as follows: “In relation to the deemed date of service of a claim form, pursuant to CPR 6.14, an opponent has argued that the reference to the ‘second business day after completion of the relevant step’, as set out in CPR 6.14, means that only the second of the two days must be a business day.

When does the county court issue a claim form?

One particular case I have come across that is slightly different to the above is where the Claim Form has been issued by the County Court Bulk Centre. In this case the included information provides the date of service as 5 days after the issue date detailed on the Claim Form.

When does a defendant have to respond to a claim form?

Under Part 6 of the Civil Procedure Rules 1996 (CPR) when a Claim Form has been served on a Defendant, the Defendant has 14 days to respond from the date of service.

Can a claim form be served on a Friday?

This would mean that a claim form sent by first class post on a Friday would be deemed served the following Tuesday.

How is the date of a claim recorded?

5.2 The date on which the claim form was received by the court will be recorded by a date stamp either on the claim form held on the court file or on the letter that accompanied the claim form when it was received by the court. 5.3 An enquiry as to the date on which the claim form was received by the court should be directed to a court officer.

When does the claim form have to be served?

(1) 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.”

How is the date of issue of a claim form fixed?

“18. The date of issue of the claim form fixes the time within which the proceedings have to be served (rules 7.5 and 7.6). A defendant can see from the claim form whether or not he has been served in time.

When do I need to submit a continued claim form?

The timeliness period for continued claim forms is 14 days from the last week ending date. The claimant is required to submit the continued claim form within the 14 days from the last week ending date for it to be considered timely.