Commencing proceedings and service — SQE1 DR question
A worked single-best-answer question on commencing proceedings and service, with why each wrong option is wrong — the way SQE1 traps candidates.
A claim form in a claim by Halden Ltd against Ruskin Ltd was issued in the County Court on 10 March 2026. The court did not serve it, and Halden's solicitors were responsible for service within England. Ruskin had not nominated solicitors to accept service. On Thursday 9 July 2026 Halden's solicitors posted the claim form by first class post to Ruskin's registered office. Ruskin argues that the claim form was served too late.
Which of the following best describes whether the claim form was served in time?
- AIt was not served in time, because it is deemed served on Monday 13 July 2026, which is after the four-month period expired.
- BIt was not served in time, because a claim form must be served within 14 days after it is issued.
- CIt was served in time, because a claim form remains valid for service for six months after issue.
- DIt was not served in time, because a claim form against a company must be served personally on a director.
- EIt was served in time, because the relevant step of posting was completed before midnight on 10 July 2026.
Show answer and reasoning
Rule: A claim form for service within the jurisdiction is served in time if the relevant step (for example posting) is completed before midnight on the calendar day four months after issue.
- A The four-month rule looks at when the relevant step was completed, not the deemed date of service under CPR 6.14. (wrong rule)
- B Fourteen days is the period for serving particulars after the claim form, not for serving the claim form after issue. (wrong rule)
- C The six-month period applies only where the claim form is to be served out of the jurisdiction. (right rule, wrong facts)
- D A company may be served by post at its registered office; personal service is not mandatory. (wrong rule)
Source: CPR 7.5(1) and (2); CPR 6.14