Deemed service Flashcards
(9 cards)
who are documents served on?
- solicitor (if nominated in writing)
- otherwise, personal service of address D gave for service
when can documents be served on a solicitor?
if it has been confirmed in writing that they are instructed to accept service.
it is not sufficient that they have confirmed in writing they are acting for them
if the solicitor accepts service without authority this is a breach of their professional duty to the client
explain what is meant by deemed service
date the document is considered to have been served. Irrelevant when D actually received it.
explain the clears days and how to calculate
any reference to ‘days’ means clear days
the following is excluded when calculating clear days:
o The day on which the period begins; and
o If the end period is an event (i.e. a hearing), that day too
when is a claim form deemed served?
give examples
CF served within the UK deemed served on 2nd business day after the ‘step required’ has been taken (applies to all methods of service). Examples:
o CF served on Thursday - deemed served on Monday
o CF served on Thursday, but Friday + Monday are BH - deemed served on Wednesday
when a document (not the CF), is served by 1st class etc, what is the date of deemed service?
give an example
2nd day after it was sent. If this is not a business day, then the next business day.
(NB: this is different to the CF. If the doc was posted on Friday, the next day would be Sunday. This is not a business day and so it is deemed served on Monday. However, if this was the CF, 2 business days needs to be counted so deemed service would be Tuesday)
when a document (not the CF), is served by personal service, what is the date of deemed service?
Same day if it is sent before 4:30pm on a business day. Otherwise, the next business day.
when a document (not the CF), is served by leaving it at a specified place, what is the date of deemed service?
Same day if it is sent before 4:30pm on a business day. Otherwise, the next business day.
when a document (not the CF), is served by fax or other electronic method, what is the date of deemed service?
Same day if it is sent before 4:30pm on a business day. Otherwise, the next business day.
