Filing Court papers - date is a bank holiday??
Discussion
Hopefully this is a simple one, but you never know.
Small Claims Case is due to be heard on the 15th January.
Papers to be delivered to Court and to the Claimant no less than 14 days before the trial date - thats the 1st of January, a Bank Holiday.
If I understand it correctly, Bank Holidays dont count as a viable delivery / serve day, so you move to the next available working day, as Saturdays or Sundays dont either.
That means service / delivery on Monday 4th January (by 4pm).
Or is it the other way - you cant reduce the timescale, so service / deliver has to be tomorrow, 31stJanuary December by 4pm?
Small Claims Case is due to be heard on the 15th January.
Papers to be delivered to Court and to the Claimant no less than 14 days before the trial date - thats the 1st of January, a Bank Holiday.
If I understand it correctly, Bank Holidays dont count as a viable delivery / serve day, so you move to the next available working day, as Saturdays or Sundays dont either.
That means service / delivery on Monday 4th January (by 4pm).
Or is it the other way - you cant reduce the timescale, so service / deliver has to be tomorrow, 31st
Edited by mondeoman on Wednesday 30th December 19:29
mondeoman said:
Hopefully this is a simple one, but you never know.
Small Claims Case is due to be heard on the 15th January.
Papers to be delivered to Court and to the Claimant no less than 14 days before the trial date - thats the 1st of January, a Bank Holiday.
Are you worried on your own behalf, or hoping to score a victory on a technicality? Small Claims Case is due to be heard on the 15th January.
Papers to be delivered to Court and to the Claimant no less than 14 days before the trial date - thats the 1st of January, a Bank Holiday.
if the former, why aim for the last possible date? I might be missing a parrot here, but I try to make sure my tax return goes in in plenty of time. I get my cars MOT test done in the month before it expires, etc. If you own the kind of car I do, it's a way to mitigate having to catch the bus.
If the latter, it probably won't help you, or hinder your opposition. There seems to be a fair amount of leeway in the small claims court.
Look at CPR 2.8
Note that you have miscalculated the due date. 14 clear days before 15 January is not 1 January. It is 31 December.
https://www.justice.gov.uk/courts/procedure-rules/... by
Note that you have miscalculated the due date. 14 clear days before 15 January is not 1 January. It is 31 December.
https://www.justice.gov.uk/courts/procedure-rules/... by
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