We are continuing our series on Civil Procedure Rules, highlighting some of the little known but common rules and hopefully explaining them in plain English.
The next rule we will be looking at is Rule 6.26 – Deemed Service.
The rule says:
6.26 A document, other than a claim form, served within the United Kingdom in accordance with these Rules or any relevant practice direction is deemed to be served on the day shown in the following –
1. First class post (or other service which provides for delivery on the next business day)
Deemed date of service – The second day after it was posted, left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
2. Document exchange
Deemed date of service – The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
3. Delivering the document to or leaving it at a permitted address
Deemed date of service – If it is delivered to or left at the permitted address on a business day before 4.30p.m., on that day; or in any other case, on the next business day after that day.
4. Fax
Deemed date of service – If the transmission of the fax is completed on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was transmitted.
5. Other electronic method
Deemed date of service – If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.
6. Personal service
Deemed date of service – If the document is served personally before 4.30p.m. on a business day, on that day; or in any other case, on the next business day after that day.
What does this mean?
This rule deals with any other documents, apart from the claim form. This rule sets the relevant date for when a document is deemed to be served.
Deemed service is a legal calculation. If either party doesn’t receive a document, a party is deemed or presumed to have received it, in accordance with the rule. Whilst the claim form Rule 6.14 says its deemed served on the 2nd business day, here, the rule and calculation of days depends on the method of service used.
So, assuming there are no bank holidays and taking 1st class post as an example, if we serve a document on a Monday, the document will be deemed served on Wednesday. If served on Tuesday, it will be deemed served on Thursday. If served on a Wednesday, it will be deemed served on a Friday. If served on Thursday, it will be deemed served on Monday, but also if you serve on Friday (unlike the claim from which would be deemed served on Tuesday) in this case for any other document, it would be deemed served on Monday.
Similarly, if you serve a document on a Saturday by 1st class post, obviously some post boxes and post offices are open, then it will also be deemed served on Monday. If you serve on a Sunday by 1st class post it will be deemed served on Tuesday.
It is similar for document exchange, but all the other methods of service above – 3, 4, 5 and 6 depend on the time you actually take the step to serve the document. As you can see with items 3, 4, 5 and 6 if you take the step before 4.30pm then it is deemed served on that day. If it is after 4.30pm then it is deemed served on the next business day.
This rule is quite important in calculating time. The claim form is 2 business days no matter what, but other documents, depending on 1st class post, and assuming there are no bank holidays, it is 2 days providing that day is a business day.
You can find the full Civil Procedure Rules online (currently) at https://www.justice.gov.uk/courts/procedure-rules/civil/rules
Any questions or support with the above please email us at: [email protected]ollarlegalandadmin.com or phone 0151 230 8931.
