Cases - Godwin v Swindon Borough Council
Record details
- Name
- Godwin v Swindon Borough Council
- Date
- [2001]
- Citation
- EWCA Civ 1478
- Legislation
- Keywords
- Party walls
- Summary
-
A limitation period expired on Friday 8 September. The claimant posted the court claim forms on Thursday 7 September. The defendant received them on Friday 8 September, but claimed that they were served out of time. It was held by the Court of Appeal that the claim form was served out of time because the deemed date of service was 2 days later - i.e., the following Monday. The deemed date of service could not be contradicted by evidence of the date of actual service.
It is not possible for a time limit set by any Act of Parliament to be extended by the court.