Cases

Wilkey & Another v BBC

Facts

C issued a libel claim 2 days before the expiry of the limitation period, and served the claim on the last day of the 4 month period for service by hand-delivering the claim form by courier to the BBC's legal department at 2pm. As held in Godwin v Swindon Borough Council [2002] 1 WLR 997, by virtue of CPR Part 6.7(1) service was irrebuttably deemed to have occurred on the following day, with the consequence that the claim was served out of time and the action was prima facie time-barred. Gray J dismissed C's claim. C appealed.

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