Commencing a claim - Deemed dates of service and time limits

Learning Outcomes

After reading this article, you will be able to identify the correct time limits for serving a claim form and particulars of claim, apply the rules for calculating deemed dates of service under the Civil Procedure Rules (CPR), and distinguish between the rules for serving claim forms and other documents. You will also understand the consequences of non-compliance and how to approach extensions and alternative service methods, all essential for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the procedural rules for commencing a claim and serving documents. In your revision, focus on:

• The permitted methods of serving a claim form and other documents under the CPR.
• The strict time limits for serving a claim form within and outside the jurisdiction.
• How to calculate the deemed date of service for claim forms and other documents, including the effect of the 4:30 pm cut-off.
• The rules for serving particulars of claim and the relationship to the claim form’s validity period.
• The process for seeking extensions of time and service by alternative methods.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the maximum period allowed for serving a claim form within England and Wales after it is issued?
2. If a claim form is posted by first-class post on a Thursday, and Friday is a business day, when is service deemed to occur?
3. A defence is served by email at 5:10 pm on a business day. When is it deemed served?
4. True or false: Particulars of claim served separately from the claim form must always be served within 14 days of the claim form, regardless of the claim form’s validity period.

Introduction

Commencing a civil claim involves strict procedural steps to ensure the defendant is properly notified and the case can proceed. The Civil Procedure Rules (CPR) set out detailed requirements for serving the claim form and particulars of claim, including time limits and how to calculate when service is deemed to have occurred. Understanding these rules is essential for avoiding procedural errors that could invalidate a claim or delay proceedings. This article explains the key rules for service, deemed dates, and time limits, as well as the consequences of non-compliance.

Serving the Claim Form

The claim form is the document that formally starts proceedings. Once issued by the court, it must be served on the defendant within a strict time frame.

Key Term: Service
The formal delivery of court documents to a party in accordance with the rules, ensuring official notification of proceedings.

Time Limits for Service

The claimant must serve the claim form within four months of the date of issue if serving within England and Wales. If serving outside the jurisdiction, the period is six months.

Key Term: Jurisdiction
The territory within which a court has authority to hear cases and enforce decisions.

Failure to serve within these periods means the claim form expires and the claim cannot proceed unless the court grants an extension (which is rare).

Methods of Service

CPR 6.3 permits the following methods:

• Personal service (handing to the individual or appropriate person).
• First-class post, Document Exchange (DX), or other next-business-day service.
• Leaving at a permitted address.
• Fax or electronic means (only if the recipient has agreed in writing).
• Any method authorised by the court (alternative service).

The method chosen determines the "step required" for valid service.

Completing Service: The Relevant Step

For the purposes of the four- or six-month time limit, the claimant must complete the required step for their chosen method:

• Post/DX: Posting, leaving with, or delivering to the service provider.
• Delivery/Leaving at Address: Delivering to or leaving at the relevant place.
• Personal Service: Leaving with the individual, senior person, or partner.
• Fax: Completing the transmission.
• Email/Other Electronic: Sending the transmission.

It is the completion of this step—not the date the defendant receives the document or the deemed date of service—that determines compliance with the time limit.

Deemed Date of Service

The deemed date of service is used to calculate deadlines for the defendant’s response and other procedural steps. The rules differ for claim forms and other documents.

Key Term: Business Day
Any day except Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day.

Deemed Service of the Claim Form

Under CPR 6.14, a claim form is deemed served on the second business day after the relevant step is completed.

Worked Example 1.1

A claim form is posted by first-class post on Monday, 2 October. When is service deemed to occur?

Answer: The second business day after posting is Wednesday, 4 October. Service is deemed to occur on that date.

Deemed Service of Other Documents

For documents other than the claim form (e.g., particulars of claim served separately, defences, applications), CPR 6.26 applies:

• Personal Service, Delivery, Fax, Email: Deemed served on the same day if completed before 4:30 pm on a business day; otherwise, on the next business day.
• First-Class Post, DX: Deemed served on the second day after posting, provided that day is a business day; if not, on the next business day.

Worked Example 1.2

A defence is sent by email at 5:20 pm on Tuesday (a business day). When is service deemed to occur?

Answer: As the email was sent after 4:30 pm, service is deemed to occur on the next business day, which is Wednesday.

Exam Warning

The rules for deemed service of the claim form (second business day after the step) are different from those for other documents (which depend on the method and time of service). Always check which document is being served before applying the rules.

Service of Particulars of Claim

The particulars of claim set out the detailed factual and legal basis of the claim.

Key Term: Particulars of Claim
The statement of case detailing the grounds and facts relied upon by the claimant.

Particulars of claim can be:

• Included in or served with the claim form.
• Served separately, within 14 days after service of the claim form.

However, they must always be served within the overall four- or six-month validity period of the claim form. If the claim form is served close to expiry, the 14-day period is shortened accordingly.

Revision Tip

When calculating deadlines for the defence or acknowledgment of service, always use the deemed date of service of the particulars of claim—not the claim form—especially if served separately.

Extensions of Time for Service

If the claimant cannot serve the claim form within the time limit, they may apply to the court for an extension under CPR 7.6. Applications should be made before the period expires. If made after expiry, the court will only grant an extension in very limited circumstances (e.g., if the court should have served but failed, or if the claimant took all reasonable steps to serve but could not, and acted promptly).

Alternative Methods and Places of Service

If standard methods are not possible (e.g., the defendant is evading service), the claimant can apply for an order permitting service by an alternative method or at an alternative place (CPR 6.15). The court will grant such an order only if satisfied that it is necessary and likely to bring the claim to the defendant’s attention.

Consequences of Non-Compliance

If the claim form is not served within the validity period, it becomes invalid and the claim cannot proceed. The claimant must issue a new claim form (if limitation has not expired). Incorrectly calculating deemed service dates can result in premature or late procedural steps, risking the validity of the claim.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The claim form must be served within four months (in England and Wales) or six months (outside) of issue.
• The relevant step for service depends on the method chosen (e.g., posting, delivering, transmitting).
• The deemed date of service for a claim form is the second business day after the relevant step is completed.
• The deemed date of service for other documents depends on the method and time of service, with a 4:30 pm cut-off for same-day service.
• Particulars of claim must be served within the claim form’s validity period, whether served with the claim form or separately.
• Applications for extensions or alternative service require court approval and are granted only in specific circumstances.
• Failure to comply with service rules can invalidate the claim and prevent it from proceeding.

Key Terms and Concepts

• Service
• Jurisdiction
• Business Day
• Particulars of Claim