07 December 2012
A county court has refused to issue a money claim on the last day of the limitation period...
A county court has refused to issue a money claim on the last day of the limitation period and would only post it on to the Money Claims Centre at Salford. It did, however, endorse the form to the effect that it had been presented to the court. By this time it was too late to have the form delivered to Salford that day. It has now been issued through Salford. For limitation purpose, when will it be deemed to have been issued?
The claim from will be deemed issued on the day it was presented to the county court (CPR PD7A par 5.1) and not the date on which it reached or was issued by Salford.
