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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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SERVICE POINTS 34:  IS SERVICE BY EMAIL IS STILL VALID -  IF IT SITS IN THE RECIPIENT'S SPAM BOX?

SERVICE POINTS 34: IS SERVICE BY EMAIL IS STILL VALID – IF IT SITS IN THE RECIPIENT’S SPAM BOX?

April 21, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Electronic service,, Members Content, Serving documents

There is an ongoing consultation process about the use of email in civil procedure.  It is now commonplace, almost universal.  However what is the situation where the email, carrying important notification, lands inside the recipient’s spam box? That is the…

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY "COURTING DISASTER" HAD BROUGHT THIS SITUATION ON THEMSELVES.

CLAIMANT FAILS TO SERVE CLAIM FORM PROPERLY IN £10 MILLION CASE: A PARTY “COURTING DISASTER” HAD BROUGHT THIS SITUATION ON THEMSELVES.

July 22, 2021 · by gexall · in Applications, Electronic service,, Members Content, Relief from sanctions, Service of the claim form

We see a classic mistake as to service of the claim form in the judgment of Mr Justice Fraser in LSREF 3 Tiger Falkirk Ltd I S.a.r.l & Anor v Paragon Building Consultancy Ltd [2021] EWHC 2063 (TCC). The claimant…

A CLEVER PLOY: HIRE EXPENSIVE LAWYERS AND THEN ARGUE COSTS ARE DISPROPORTIONAL

March 1, 2016 · by gexall · in Applications, Disclosure, Electronic service,, Members Content, Proportionality, Uncategorized

The decision of Mr Justice Foskett  in Vilca -v- Xtrata Limited [2016] EWHC 389 (QB) is interesting for a number of reasons, in particular relating to disclosure and case management. Here I want to look at the judge’s consideration of arguments…

SERVICE BY EMAIL IS GOOD SERVICE: FAMILY COURT DECISION

January 14, 2016 · by gexall · in Applications, Electronic service,, Members Content, Service of the claim form, Serving documents, Uncategorized

Issues of electronic service are still relatively novel.  Some interesting issues were addressed by Mostyn J in Maughan -v- Wilmot [2015] EWHC 29 (Fam).  This is a family case where important observations are made in relation to service by email…

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