SERVICE OF DOCUMENTS BY E-MAIL: A USEFUL BLAST FROM THE PAST

3 Responses

1. 

   hastanton · March 1, 2014 at 02:11:07 · →

   As courts increasingly use email as a form of communication surely the opt in argument is redundant…….otherwise we do sound like characters in Bleak House !

2. 

   David S · March 1, 2014 at 11:39:52 · →

   It should be remembered that recently in Durrant the court of appeal refused relief where a witness statement was sent by email and was not opened until the next day. In that case the solicitor had previously been communicating with the litigant in person by email. The court refused relief from sanctions. However, the background to the cases was different, but I would be very cautious and always pick up the phone to check receipt, or if dealing with a litigant in person serve documents in good time as you as less likely to be able to pick up the phone an speak to a person to check delivery. Just my two cents.

   1. 

      gexall · March 1, 2014 at 22:15:30 · →

      I agree absolutely, the blog post ends “still be careful”. However in Durrant the Court of Appeal did not consider directly, or at all, the issue of whether relief would have been granted if the Defendant could prove that the witness statements had been sent by e-mail before the deadline. The R C Residuals case is, to the best of my knowledge, the only case where the issue has been checked directly.
      I also agree about checking about delivery.

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