The claim form had been issued only just before the limitation period expired. Under the rules it would have been deemed to have been served on a Sunday, the day before the expiry of the period, but evidence suggested it was not received until after the expiration of the period. The defendant argued there was insufficient evidence of the date of posting to bring into effect the deeming provisions as to the date of service. No certificate had been supplied under 6.14.
Held: There was no evidence as to the class of postage used, and no inference could be drawn that first class post had been used. The rules therefore deemed service out of time, as in fact had occurred. Nor would alternate service be ordered. This was a discretionary remedy, and the circumstances of this case did not justify it.
Judges:
The Honourable Mr Justice McCombe
Citations:
[2001] EWHC QB 161
Links:
Statutes:
Civil Procedure Rules 6.7 6.14
Jurisdiction:
England and Wales
Citing:
See Also – Phelps v Hillingdon London Borough Council; Anderton v Clwyd County Council; Gower v Bromley London Borough Council; Jarvis v Hampshire County Council HL 28-Jul-2000
The plaintiffs each complained of negligent decisions in his or her education made by the defendant local authorities. In three of them the Court of Appeal had struck out the plaintiff’s claim and in only one had it been allowed to proceed.
Cited by:
Cited – Brennan v Bolt Burdon and Others, London Borough of Islington, Leigh Day and Co CA 29-Jul-2004
The claimant sought damages for injury alleged to have been suffered as tenant of a house after being subjected to carbon monoxide poisoning, and also from her former solicitors for their delay in her claim. The effective question was whether the . .
Appeal from – Anderton v Clwyd County Council (No 2); Bryant v Pech and Another Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd CA 3-Jul-2002
In each case, the applicant sought to argue that documents which had actually been received on a certain date should not be deemed to have been served on a different day because of the rule.
Held: The coming into force of the Human Rights Act . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Limitation, Civil Procedure Rules
Updated: 30 May 2022; Ref: scu.159917
