Godwin v Swindon Borough Council

Subject Matter

PRACTICE — Claim form — Service — Claimant serving claim form by first class post one day before expiry of limitation period — Claim form arriving on day of expiry of limitation period — Rule providing that deemed day of service to be second day after posting of form — Whether service out of time — Whether court having power to dispense with service — CPR rr 6.1(b), 6.7(1), 6.9, 7.6(3)

[2001] EWCA Civ 1478; [2002] 1 WLR 997; [2001] 4 All ER 641, CA

Commentary

Blackstones Civil Practice 2023
Dispensing with Service 15.24

Extending Time for Serving a Claim Form - Attempts to evade r. 7.6(3) 15.34

Deemed Dates of Service 15.36

Who may serve documents? - Deemed dates of service 15.42

Civil Procedure Rules 1998 - Plain meaning of the rules 1.17

Where the Default Judgment Was not Entered Wrongly - Defendant unaware of deemed service 20.22

Non-attendance at Trial - No notice of the trial date 62.4