Commencing a claim - Deemed dates of service and time limits

Learning Outcomes

This article explains how to commence and serve a civil claim correctly under the CPR, focusing on the strict time limits for serving the claim form within and outside the jurisdiction and the separate rules for serving particulars of claim. It explains the concept of the claim form’s validity period, the “relevant step” requirement in CPR 7.5, and how that differs from the deemed date of service used to calculate subsequent deadlines. It explains how to calculate deemed service for claim forms (CPR 6.14) and for other documents (CPR 6.26), including the second business day rule, the 4:30 pm cut-off, and the treatment of “clear days” and non-business days under CPR 2.8. The article also explains the permitted methods and places of service, when service on solicitors is effective, and the procedural rules for service of particulars of claim and filing a certificate of service. Finally, it explains the scope for extensions of time, alternative or dispensed service, service outside the jurisdiction, and the procedural consequences and risks where service is late, irregular, or defective in the context of SQE1 problem questions.

SQE1 Syllabus

For SQE1, you are required to understand the procedural rules for commencing a claim and serving documents, with a focus on the following syllabus points:

• The permitted methods of serving a claim form and other documents under the CPR.
• The strict time limits for serving a claim form within and outside the jurisdiction.
• How to calculate the deemed date of service for claim forms and other documents, including the effect of the 4:30 pm cut-off.
• The rules for serving particulars of claim and the relationship to the claim form’s validity period.
• The process for seeking extensions of time and service by alternative methods.
• Where a claim form may be validly served (CPR 6.9) and service on solicitors, including when a solicitor is authorised to accept service (CPR 6.7 and 6.23).
• Who serves the claim form (court service versus party service) and the requirement to file a certificate of service (CPR 6.17).
• Dispensing with service in exceptional circumstances (CPR 6.16) and service by alternative methods or at alternative places (CPR 6.15).
• Service outside the jurisdiction and the need for permission or grounds to serve without permission (CPR 6.32, 6.33 and PD 6B).
• Calculating time under CPR 2.8, including “clear days” and business days.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the maximum period allowed for serving a claim form within England and Wales after it is issued?
2. If a claim form is posted by first-class post on a Thursday, and Friday is a business day, when is service deemed to occur?
3. A defence is served by email at 5:10 pm on a business day. When is it deemed served?
4. True or false: Particulars of claim served separately from the claim form must always be served within 14 days of the claim form, regardless of the claim form’s validity period.

Introduction

Commencing a civil claim involves strict procedural steps to ensure the defendant is properly notified and the case can proceed. The Civil Procedure Rules (CPR) set out detailed requirements for serving the claim form and particulars of claim, including time limits and how to calculate when service is deemed to have occurred. Understanding these rules is essential for avoiding procedural errors that could invalidate a claim or delay proceedings. This article explains the key rules for service, deemed dates, and time limits, as well as the consequences of non-compliance.

Key Term: Service
The formal delivery of court documents to a party in accordance with the rules, ensuring official notification of proceedings.

Serving the Claim Form

The claim form is the document that formally starts proceedings. Once issued by the court, it must be served on the defendant within a strict time frame.

Key Term: Jurisdiction
The territory within which a court has authority to hear cases and enforce decisions.

Key Term: Relevant step
The specific action that must be completed for a chosen method of service (for example, posting by first-class post, leaving at an address, completing a fax transmission, or sending an email). Completing the relevant step within the validity period satisfies CPR 7.5 for service timing; actual receipt or deemed service is a separate concept.

Time Limits for Service

The claimant must serve the claim form within four months of the date of issue if serving within England and Wales. If serving outside the jurisdiction, the period is six months.

Key Term: Business Day
Any day except Saturday, Sunday, a bank holiday, Good Friday, or Christmas Day.

Failure to serve within these periods means the claim form expires and the claim cannot proceed unless the court grants an extension (which is rare).

It is important to distinguish between the validity of the claim form and the deemed date of service. For compliance with CPR 7.5, the claimant must complete the relevant step for the chosen method of service before 12:00 midnight on the calendar day four months after issue (six months if serving out of the jurisdiction). The deemed date of service will usually occur later.

Where the court serves the claim form (the usual position unless the claimant requests to serve), the court typically uses first-class post. If the claimant serves, a certificate of service must be filed within 21 days of service of the particulars of claim unless all parties have filed acknowledgments of service.

Key Term: Certificate of service
A document filed at court confirming that service has been effected, how it was effected, and on what date. It evidences compliance with service requirements.

Methods of Service

CPR 6.3 permits the following methods:

• Personal service (handing to the individual or appropriate person).
• First-class post, Document Exchange (DX), or other next-business-day service.
• Leaving at a permitted address.
• Fax or electronic means (only if the recipient has agreed in writing).
• Any method authorised by the court (alternative service).

The method chosen determines the "step required" for valid service.

Electronic service requires the recipient’s express written agreement to accept service by that means. It is good practice to confirm any limitations in writing (for example, accepted formats or maximum attachment sizes). A fax number on a solicitor’s letterhead is generally treated as express consent to service by fax; an email address alone is not sufficient consent to service by email.

Service on a solicitor is only valid where the defendant has appointed the solicitor to accept service, or the solicitor has expressly stated in writing that they are authorised. Pre-action correspondence does not amount to consent to accept service. If the defendant has provided a solicitor’s address for service, documents must be served on that solicitor rather than on the defendant directly.

Completing Service: The Relevant Step

For the purposes of the four- or six-month time limit, the claimant must complete the required step for their chosen method:

• Post/DX: Posting, leaving with, or delivering to the service provider.
• Delivery/Leaving at Address: Delivering to or leaving at the relevant place.
• Personal Service: Leaving with the individual, senior person, or partner.
• Fax: Completing the transmission.
• Email/Other Electronic: Sending the transmission.

It is the completion of this step—not the date the defendant receives the document or the deemed date of service—that determines compliance with the time limit.

Worked Example 1.1

A claim form is posted by first-class post on Monday, 2 October. When is service deemed to occur?

Answer:
The second business day after posting is Wednesday, 4 October. Service is deemed to occur on that date.

Deemed Date of Service

The deemed date of service is used to calculate deadlines for the defendant’s response and other procedural steps. The rules differ for claim forms and other documents.

Key Term: Clear days
When a time period is stated in days, CPR 2.8 expects “clear days” unless the rule states otherwise: do not count the day the period begins. If the period ends on a specific date, that day is counted; if the period ends by reference to an event, the day of the event is not counted. If a period is five days or less, weekends and bank holidays are disregarded.

Deemed Service of the Claim Form

Under CPR 6.14, a claim form is deemed served on the second business day after the relevant step is completed.

This deemed service rule is strict and applies regardless of the actual date of receipt. The court will use the deemed service date to calculate subsequent deadlines (for example, when the particulars of claim or acknowledgment of service are due, if the particulars are served with the claim form).

Worked Example 1.2

A claim form is posted by first-class post at 4 pm on Friday, 25 August. The following Monday (28 August) is a bank holiday. When is service deemed to occur?

Answer:
The second business day after posting is Tuesday, 29 August (Friday is the day of posting, Monday is not a business day). Deemed service is Tuesday, 29 August.

Deemed Service of Other Documents

For documents other than the claim form (e.g., particulars of claim served separately, defences, applications), CPR 6.26 applies:

• Personal Service, Delivery, Fax, Email: Deemed served on the same day if completed before 4:30 pm on a business day; otherwise, on the next business day.
• First-Class Post, DX: Deemed served on the second day after posting, provided that day is a business day; if not, on the next business day.

Worked Example 1.3

A defence is sent by email at 5:20 pm on Tuesday (a business day). When is service deemed to occur?

Answer:
As the email was sent after 4:30 pm, service is deemed to occur on the next business day, which is Wednesday.

Worked Example 1.4

Particulars of claim are delivered by hand at a permitted address at 3:50 pm on a business day. When are they deemed served?

Answer:
Delivery was completed before 4:30 pm on a business day, so they are deemed served the same day under CPR 6.26.

Exam Warning

The rules for deemed service of the claim form (second business day after the step) are different from those for other documents (which depend on the method and time of service). Always check which document is being served before applying the rules.

Service of Particulars of Claim

The particulars of claim set out the detailed factual and legal basis of the claim.

Key Term: Particulars of Claim
The statement of case detailing the grounds and facts relied upon by the claimant.

Particulars of claim can be:

• Included in or served with the claim form.
• Served separately, within 14 days after service of the claim form.

However, they must always be served within the overall four- or six-month validity period of the claim form. If the claim form is served close to expiry, the 14-day period is shortened accordingly.

If the particulars of claim are not included in or served with the claim form, the claim form must state that the particulars of claim will follow. When the particulars are served separately, defence deadlines (and acknowledgment of service, if applicable) run from the deemed date of service of the particulars of claim.

Where the claimant serves, a certificate of service should be filed within 21 days of service of the particulars of claim unless all parties have filed acknowledgments of service. This certificate evidences service and assists the court in case management.

Worked Example 1.5

A claim form is issued on 31 January and posted (first-class post) on 31 May. The claim form is therefore served within the four-month validity period if the relevant step was completed by midnight on 31 May. When is the claim form deemed served, and by what date must particulars of claim served separately be served?

Answer:
The claim form is deemed served on the second business day after posting. If 31 May is a business day, the second business day is 2 June (assuming 1 June is the first business day). Separate particulars must be served within 14 days after deemed service of the claim form, and also not later than the last day of the claim form’s validity. If the claim form was served on the final day of validity, the claimant must meet both constraints—so the particulars must be served before the validity expires (four months from issue), even if that is fewer than 14 days.

Revision Tip

When calculating deadlines for the defence or acknowledgment of service, always use the deemed date of service of the particulars of claim—not the claim form—especially if served separately.

Extensions of Time for Service

If the claimant cannot serve the claim form within the time limit, they may apply to the court for an extension under CPR 7.6. Applications should be made before the period expires. If made after expiry, the court will only grant an extension in very limited circumstances (e.g., if the court should have served but failed, or if the claimant took all reasonable steps to serve but could not, and acted promptly).

The court scrutinises post-expiry applications closely. Evidentially, the claimant must show diligent attempts to effect service by a permitted method within the validity period and explain any obstacles beyond their control. Acting promptly once the difficulty is identified is important.

Note that parties may agree extensions for serving a defence (CPR 15.5) but cannot by agreement extend the validity of the claim form for service. Only the court may extend the claim form’s validity.

Alternative Methods and Places of Service

If standard methods are not possible (e.g., the defendant is evading service), the claimant can apply for an order permitting service by an alternative method or at an alternative place (CPR 6.15). The court will grant such an order only if satisfied that it is necessary and likely to bring the claim to the defendant’s attention. Examples include service by email where consent has not been given, by messaging platforms, or at an address known to be used by the defendant (e.g., a regular partner’s address).

In exceptional circumstances, the court may dispense with service of the claim form altogether (CPR 6.16). The threshold is high and requires cogent evidence that service is impracticable and that dispensing with service is just.

As to place of service (CPR 6.9), the correct address depends on the defendant’s legal status:

• Individuals: usual or last known residence.
• Sole traders: usual or last known residence, or principal or last known place of business.
• Partnerships (sued in the firm name): principal or last known place of business of the partnership, or the usual or last known residence of a partner.
• Companies registered in England and Wales: the registered office, principal office of the company, or any place of business within the jurisdiction with a real connection to the claim.
• Other corporations: the principal office or any place within the jurisdiction where the corporation carries on activities and which has a real connection with the claim.

Statute also permits service on a company at its registered office by post (Companies Act 2006, s.1139).

Where the defendant has authorised a solicitor to accept service, service must be effected on the solicitor at the address provided (CPR 6.7, 6.23). Absent such authorisation, service on the solicitor is not valid.

Service out of the jurisdiction attracts special rules. Serving in Scotland or Northern Ireland may be permitted without the court’s permission if the court has power to determine the claim (CPR 6.32). Service outside the UK may be effected without permission under specific grounds (CPR 6.33), or with permission under PD 6B where the claim falls within recognised gateways (for example, contractual claims made or governed by English law, or tort claims where damage was sustained within the jurisdiction). The claim form must be served within six months of issue where service is outside the jurisdiction.

Consequences of Non-Compliance

If the claim form is not served within the validity period, it becomes invalid and the claim cannot proceed. The claimant must issue a new claim form (if limitation has not expired). Incorrectly calculating deemed service dates can result in premature or late procedural steps, risking the validity of the claim. Serving by a non-permitted method (for example, email without express consent) will generally be ineffective, and if discovered after the validity period has expired, the claimant may be unable to cure the defect.

Defendants may seek to set aside service if it was irregular, or to dispute the court’s jurisdiction (CPR 11). The court will examine compliance with the service rules closely, including whether the correct address was used and whether a solicitor was properly authorised to accept service.

Summary

Key Point Checklist

This article has covered the following key knowledge points:

• The claim form must be served within four months (in England and Wales) or six months (outside) of issue.
• The relevant step for service depends on the method chosen (e.g., posting, delivering, transmitting), and must be completed before midnight on the calendar day the validity ends.
• The deemed date of service for a claim form is the second business day after the relevant step is completed.
• The deemed date of service for other documents depends on the method and time of service, with a 4:30 pm cut-off for same-day service.
• Particulars of claim must be served within the claim form’s validity period, whether served with the claim form or separately; if served separately, defence deadlines run from their deemed service.
• Electronic service requires express written consent, and service on solicitors is only valid where authorised to accept service.
• Applications for extensions or alternative service require court approval and are granted only in specific circumstances; dispensing with service is exceptional.
• Service outside the jurisdiction is subject to special rules, grounds, and time limits; within Scotland or Northern Ireland, service may be permitted under CPR 6.32.
• Failure to comply with service rules can invalidate the claim and prevent it from proceeding; irregular service may lead to challenges or jurisdiction disputes.
• Filing a certificate of service evidences service when the claimant serves and aids court case management.

Key Terms and Concepts

• Service
• Jurisdiction
• Business Day
• Particulars of Claim
• Relevant step
• Certificate of service
• Clear days