Cases

Dorgan v Home Office (joined with Anderton v Clwyd CC)

Facts

Five joined cases concerning the construction and application of provisions in Part 6 (Service of Documents) and Part 7 (How to Start Proceedings-The Claim Form). The facts in Dorgan v Home Office were the Claimant alleged that whilst an inmate he was assaulted by prison officers on 14 April 1995. Proceedings were issued on 11 April 2000, just before the limitation period expired. The claim form was not served. The period of 4 months for the service of the claim form expired on 11 August 2001 (a Saturday). At 4.02 p.m. on Friday 10 August 2001 the claim form and the particulars of claim were sent by fax by the claimant’s solicitor. The receipt of the fax by the defendant’s solicitor was recorded as commencing at 4.03 p.m. The defendant’s solicitors, read it and made a telephone call about it to the claimant’s solicitors soon after. They contended that the fax was not deemed to be served until the next business day, Monday 13 August 2001, after the limitation period expired.

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