Deemed Date of Service by Post

The Civil Procedure (Amendment) Rules 2000 resolved confusion concerning the deemed date of service where service is effected by post. The confusion arose where the document to be served is posted on Thursday or Friday and the date of service turned on whether CPR rule 6.7, dealing with deemed service, was to be regarded as self-contained or as subject to rule 2.8 which excludes Saturdays, Sundays, Bank Holidays, Christmas Day and Good Friday from calculations of periods of five days or less. The self-contained school of thought considered a document posted on Thursday to be deemed served on Saturday, whereas, those who took the view that rule 6.7 was subject to rule 2.8, considered the document served on the following Monday. The rule 2.8 supporters have prevailed. The amendment made it clear that rule 6.7 is to be read subject to rule 2.8.