The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note considers what is meant by the phrase ‘deemed service’ in CPR 6.14 and its purpose when considered alongside the validity period of the claim form as set out in CPR 7.6.
For practitioners using Money Claims online, the provision in CPR 6.14 is not applicable. For information, see: Deemed date of service for Money claims online below.
Note the deemed service provisions for the claim form in CPR 6.14 differ to those applicable for other documents which are set out in CPR 6.26. For guidance, see Practice Notes: Serving the defence—Deemed service (CPR 6.26) and Serving documents—excluding the claim form and defence—Deemed service (CPR 6.26).
The deemed date of service is provided for in CPR 6.14. This is a short rule:
‘A claim form served within the United Kingdom in accordance with this Part is deemed to be served on the second business day after completion of the relevant step under rule 7.5(1).’
Despite being a short rule, it has caused considerable difficulties for practitioners due to:
the tension between CPR 6.14 and CPR 7.5(1) which sets out the validity period of the claim form
the differing views of the judiciary as to relationship between CPR 6.14 and CPR 7.5(1)
The authority for the purpose of the rule is the Court of Appeal decision in Kennedy v National Trust of Scotland.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an offence. So, if D shoots at A with intent to kill him but kills B by mistake it is murder; the mistake as to the identity of the victim is irrelevant as D
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.