Q&As

Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday, would service be effective from the following Tuesday, ie 2 business days?

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Published on LexisPSL on 12/12/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday, would service be effective from the following Tuesday, ie 2 business days?

Does deemed service apply to service out of jurisdiction when seeking to serve the claim form in an EU Member State. If so, if serving on a Friday, would service be effective from the following Tuesday, ie 2 business days?

This Q&A is only applicable where service took place under the Service Regulation, was commenced before 31 December 2020 at 11 pm and the transitional provisions for service, set out in Article 68 of the Withdrawal Agreement between the UK and EU, were met by that date. In such cases, service can be completed in the relevant EU Member State..

For guidance on whether the transitional provisions were met, see Practice Note: Serving outside the jurisdiction—serving in an EU Member State before 31 December 2020. The old Part 6 can be accessed here:

Old rule 6.3 set out the rules that applied when dealing with service of the claim form in specified circumstances in the European Economic area (EEA) which includes the EU.

CPR 6.14 sets out the provisions in relation to deemed service of the claim form. The rule provides for deemed service on the second business day after completion of the step in CPR 7.5(1), which includes postal service. However, the rule is very clear that the deemed service provision only applies when serving a claim form in the UK. The deeming provision, therefore, does not

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