SERVICE BY E-MAIL: ALLOWED BY THE HIGH COURT SO THAT INJUNCTION COULD BE EFFECTIVE
In JPH -v- XYZ [2015] EWHC (a decision made this Saturday!) Mr Justice Popplewell made an order allowing service by e-mail.
THE CASE
The claimant was bringing an injunction to prevent “revenge porn”. An application was made without notice to restrain publication of certain photographs.
SERVICE BY EMAIL
Amongst the other orders made was an ordered permitting service of the order by email.
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“I also made an order under CPR 81.8 dispensing with personal service of the order and providing that good service be effected by sending it to an email address which there was good reason to believe would bring it swiftly to XYZ’s notice. I was satisfied that this was appropriate to meet the risk that if XYZ became aware of the application or the existence of an order before it was possible to effect personal service of the order, XYZ might fail to comply without being amenable to committal proceedings for contempt of court. The difficulty of containing the material if it were initially disseminated by XYZ justified this aspect of the order which is intended to ensure compliance with the order by making committal proceedings an effective sanction.”
