0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Godwin v Swindon Borough Council

16 October 2001
The issues

Service – Deemed date of Service

The facts

Claimant had to serve Claim Form by 8 September 2000. The Claim Form was posted on the 7 September but it was received by the Council on 8 September. The date of deemed service was the 9 September CPR6.7(1). The Court was asked to admit evidence of the date when service was actually effected and if not whether an extension of time in any event should be given to the Claimant.

The decision

1. It was generally unhelpful to interpret the Civil Procedure Rules by reference to the previous Rules and cases decided under those Rules. The fact that the previous Rules contained the words “unless the contrary is proven” was therefore not helpful.

2. The wording of CPR6.7(1) was clear. The deemed date of service had to be treated as the actual date of service irrespective of proof of the date on which Proceedings were received by the Defendant.

3. No extension of time under CPR7.6(3) was available to the Claimant.

Appeal allowed Claim dismissed.

This appears to overrule Anderton -v- Clwyd reported recently.

Focus on...

Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


Legal updates

Non-payment of insurance premiums during the Coronavirus pandemic

The forced closure of many businesses as a result of the Coronavirus pandemic has had a huge impact on the nation’s Gross Domestic Product (GDP). Recent reports from the Office for National Statistics state that the economy was 25% smaller in April than it was in February this year.


Legal updates

Reinstatement for property damage losses – when does it apply?

The Court of Appeal has recently considered the correct test for measuring the indemnity for property damage losses and has provided useful guidance on whether an insured needs to intend to reinstate the property to its pre-loss condition.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up