Curiouser and curiouser

Godwin v Swindon Borough Council ([2001] EWCA Civ 1478)

In last month’s issue (20/LL pp97-100) we dealt in full with five cases demonstrating that the provisions for service under the CPR are stricter than under the previous regime, and one case showing some light at the end of the tunnel. That light has now been extinguished. We also expressed concern lest the decision in Anderton v Clwyd CC (20/LL p99) should be perceived as undermining the various prescribed methods of service. We attempted to distinguish between the deemed date of service, which Anderton held could be rebutted on proof of the actual facts, and the rules as to service itself, which we suggested could not be displaced by proof of facts to the contrary. The good news is that Anderton has been reversed, the court finding that the expression ‘deemed to be served’ in CPR 6.7(1) is not to be read as though it contained the words ‘unless the contrary is proved’, which were included in the old rules of the Supreme Court.