Deemed service of an application notice sent by email after 4.30 pm (CPR 6.26)
Solicitors for Ravi Shah, the claimant in a County Court claim, need to serve an application notice and supporting witness statement on the defendant, Elmfield Developments Ltd. Elmfield's solicitors have previously confirmed in writing that they will accept service of documents by email, and have given their email address. Ravi's solicitors email the documents to that address at 5.10 pm on Friday 5 June 2026. Monday 8 June 2026 is not a bank holiday.
On what date are the documents deemed to be served?
Choose one answer to see the reasoning.
Worked answer
Correct answer C: Monday 8 June 2026.
THE RULE TO REMEMBER
A document other than a claim form sent by email on a business day after 4.30 pm is deemed served on the next business day (CPR 6.26).
Deemed service of an application notice sent by email after 4.30 pm (CPR 6.26)
The documents are not a claim form, so their deemed date of service is governed by the table in CPR 6.26, not by CPR 6.14. Service by email is permitted because Elmfield's solicitors previously indicated in writing that they would accept service by that method and gave an email address (PD 6A, para 4.1). For 'other electronic method', CPR 6.26 provides that if the email is sent on a business day before 4.30 pm, the document is deemed served that day; in any other case, it is deemed served on the next business day after the day on which it was sent. The email was sent on a business day but after 4.30 pm, so it is deemed served on the next business day after Friday 5 June. Saturday and Sunday are not business days (CPR 6.2(b)), so deemed service is on Monday 8 June 2026.
Why A is wrong: Same-day deemed service applies only if the email is sent before 4.30 pm on a business day.
Why B is wrong: Deemed service must fall on a business day, and Sunday is not a business day.
Why D is wrong: The second business day after the relevant step is the rule for a claim form under CPR 6.14, not for other documents.
Why E is wrong: No rule in CPR 6.26 produces a deemed date this late for an email.
A little more practice done.
Related questions
Time limit for serving a claim form within the jurisdiction (CPR 7.5)
Which of the following correctly states the latest point by which the claimant must act to serve the claim form in time?
Default judgment after an acknowledgment of service (CPR 10.3, 15.4, 12.3)
Which of the following best describes the position?
Limitation period for a claim in simple contract (Limitation Act 1980, s 5)
What limitation period applies to Tamsin's claim?
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