Q&As

I need to serve a claim form and I am up against a limitation period. I think I can rely on section 7 of the Interpretation Act 1978 to prove that I have served it. Is that right? If so, does the section apply to DX as well as the postal service?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 23/03/2020

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • I need to serve a claim form and I am up against a limitation period. I think I can rely on section 7 of the Interpretation Act 1978 to prove that I have served it. Is that right? If so, does the section apply to DX as well as the postal service?

I need to serve a claim form and I am up against a limitation period. I think I can rely on section 7 of the Interpretation Act 1978 to prove that I have served it. Is that right? If so, does the section apply to DX as well as the postal service?

The structure of the Civil Procedure Rules 1998 (CPR) is that there is deemed service on the second business day after the completion of the relevant step under CPR 7.5(1) (see CPR 6.14). The claimant must complete the step required in the table contained in that rule before 12.00 midnight on the calendar day four months after the date of issue of the claim form. If the method of service is first class post, document exchange or other service which provides for delivery on the next business day, the step required is the posting, leaving with, delivering to or collection by the relevant service provider.

Pursuant to CPR 6.17 where the claimant serves the claim form they must file a certificate of service within 21 days of service of the particulars of claim unless all defendants have filed acknowledgments of service. The certificate of service must state the category of address at which the claimant believes the claim form has been served and, where post or DX has

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