Amanda Wadey looks at the new CPR service provisions due to come into force on 1 October 2008
New CPR service provisions
Background
Last year, the Ministry of Justice undertook a consultation on the service rules in the CPR. The result of that process is a new set of rules, with the service of the claim form and the service of other documents having their own separate provisions, and an amended practice direction.
Deemed service of the claim form
Perhaps the most vigorous shake-up was given to the rules on deemed service. Confusion had reigned since Godwin v Swindon BC which exposed the lack of clarity between deemed service and actual service.
The rules have been unified so that they are the same for all types of service of the claim form. The deemed date for service will be the second business day after the “step required” for each method, as set out in new CPR 7.5. For example, the step required for postal service is “posting, leaving with, delivering to or collection by the relevant service provider” and the step for service by fax is “completing
