Additional particulars of claim - basic questions

[n20998]

Hi, I've got a claim through MCOL where I've sent additional particulars of claim to the defendant and to the court with a N215 form. I sent the particulars and filed the document by email. I have a couple of hopefully simple questions please:

1. What's the deemed date of service if the particulars are sent at the weekend? For example, if I email the particulars on a Saturday I thought it would be the following Monday. However, I've got an email from the court saying that the date is incorrect and the N215 could not be processed.

2. How does the date of the additional particulars affect the deadline for the defendant filing an acknowledgement of service and providing a defence? I thought I had this clear in my mind but now I'm not too sure. I think it means they have 14 days from deemed service of the additional particulars, rather than the initial claim, to file a defence. However, does the deadline for filing an acknowledgement of service change as well?

Any thoughts would be great. Thanks

[R0b]

1. What's the deemed date of service if the particulars are sent at the weekend? For example, if I email the particulars on a Saturday I thought it would be the following Monday. However, I've got an email from the court saying that the date is incorrect and the N215 could not be processed.

That would be correct unless you served on a bank holiday. You would put Saturday's date in the box that says "On what day did you serve?" and then you put Monday's date in the box that says "The date of service is". Your reference point for this is CPR 6.26 which is the table for deemed service of documents other than the claim form. If the method of service is by email, then the CPR says:

If the e-mail or other electronic transmission is sent on a business day before 4.30p.m., on that day; or in any other case, on the next business day after the day on which it was sent.

"business day" is defined in 6.2 as any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day.

As to your second question, they are not required to file an acknowledgment until receipt of the additional particulars which is when the 14 days period kicks in although almost always defendant's will acknowledge service before then. If no acknowledgment is filed then its 14 days to file and serve a defence but if they do acknowledge, it is 28 days from the date of deemed service.

[n20998]

Thanks R0b, that's what I thought. I have one where I served by email on 18/04/2020 and I've put the date of service as 20/04/20 which still seems correct to me!

[R0b]

To be honest, it is not the job of court staff to determine what is and isn't correct as they are not legally trained and can't give legal advice. Their job is to process your N215 form as is, and I appreciate sometimes they do offer assistance and are sometimes right, however I am not aware of them having any power to refuse your N215 if you are accepting it as correct.

If I was in your position I would point out that CPR 6.26 clearly says that service by email is deemed either the same business day if sent before 4pm or otherwise the next business day, and give them the definition in 6.2.

I'd probably round it off by asking them to process your N215 form as you believe it to be correct and ask them to confirm the same. If they refuse to do so, then they need explain the basis of their refusal and what powers they are relying on under the CPR or other legislation that allows court staff to reject the N215 form. You could, if you want, tag on the end that you reserve the right to sue the court for any costs, expenses or losses suffered or incurred for negligence and exceeding their administrative powers in refusing to process the N215 form.

Depends on how aggressive you want to be. Obviously if you apply for default judgment, the certificate of service needs to be correct as there is case law that suggests an incorrect filing of a certificate of service can invalidate your right to obtain default judgment.