When is a claim form deemed served in the UK?

When is a claim form deemed served in the UK?

• A. On the first day of issue.
• B. On the second business day after completion of the relevant step under r7.5(1).
• C. On the date of issue.
• D. When the defendant acknowledges service.

Answer: (B)

The timing tested is how service of a claim form is treated under the rules. In UK civil procedure, a claim form isn’t regarded as served simply when it’s issued. The date service is deemed to have occurred is the second business day after the completion of the step required to effect service, as set out in rule 7.5(1). The exact step depends on the method of service (for example, posting, personal service, or electronic service), but once that step is completed, service is deemed to have taken place two business days later. The defendant’s acknowledgement doesn’t determine when service occurs; it’s the completion of the service step that matters.

The timing tested is how service of a claim form is treated under the rules. In UK civil procedure, a claim form isn’t regarded as served simply when it’s issued. The date service is deemed to have occurred is the second business day after the completion of the step required to effect service, as set out in rule 7.5(1). The exact step depends on the method of service (for example, posting, personal service, or electronic service), but once that step is completed, service is deemed to have taken place two business days later. The defendant’s acknowledgement doesn’t determine when service occurs; it’s the completion of the service step that matters.