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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.

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