Urgent - Service of documents, deemed service and accepted methods

[DeMycroft]

I will try to keep this brief, just to double check things relating to service of documents.

We have an application hearing next month and court instructed to serve Witness Statements/Evidence no later than 14 days before the hearing.

I may have ran dates down to the wire while finishing up some details in my WS. Letters were sent out on the same date 26 Dec 2019 before 4pm, to be filed with court and served to the defendants. The hearing is for 14 January 2020.

All my letters are normally posted first class with signed-for service (being overcautious). Although it can be argued that 1st class with proof of postage or just tracking is sufficient.

The court received the letter today but the defendant, who is a company, may be closed for holidays. So the post message shows "address inaccessible" and will "try again tomorrow". This may be due to nobody being around to sign and it may well be the same tomorrow.

Is the letter deemed "served"or the defendants can try to argue they did not receive it 14-days before the hearing?


Part 6.26 of the CPR shows accepted methods and deemed service

PART 6
https://www.justice.gov.uk/courts/pr...es/part06#6.26

If to be on the safe side, is it an option to serve in person with a witness?

[DeMycroft]

Any thoughts or suggestions would be greatly appreciated! I know most people are now in the spirit of the New Year's eve and away from the desk

[DeMycroft]

duplicate post

[des8]

The problem with sending documents "signed for" is that if delivery is refused the documents have not been served!

Due to the time of year the court could well take a lenient view of any delay, and yes, you can serve in person or by leaving it at the address* * * (CPR 6.26 nos 3 & 6)

[DeMycroft]

Thank you for the reply!

I find the CPR a little confusing on the document service.

I read articles and gazettes focusing on "deemed" service and not actual service dates. But ideally this is not something I wanted to have contested in court by the other party.

In CPR 6.26 no.1 it suggests service by 1st class post is deemed the second business day after posted. It does not give details of the type of 1st class service. I understand the other party may now argue they had not been served but it does show the attempted delivery on the record of the service which could be shown to the judge.

For what its worth, so far they had signed for all the communication posted to them when receiving, so it is likely they are just closed for the festive season. In hindsight I should have posted 1st class only.

Eitherway, it is now too late to personally serve the documents (hearing is on 14th Jan)