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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…

WHEN HAS A PARTY CONSENTED TO SERVICE OF DOCUMENTS BY EMAIL?  IS A FAILURE TO OBTAIN SPECIFIC CONSENT IN ADVANCE FATAL TO VALID SERVICE?

WHEN HAS A PARTY CONSENTED TO SERVICE OF DOCUMENTS BY EMAIL? IS A FAILURE TO OBTAIN SPECIFIC CONSENT IN ADVANCE FATAL TO VALID SERVICE?

August 22, 2025 · by gexall · in Applications, Avoiding negligence claims, Civil evidence, Civil Procedure, Members Content, Serving documents

We are carrying on with the review of the appeal judgment that considered key issues in relation to service by electronic means.  Here the judge considered whether the claimant’s failure to obtain the defendant’s specific consent prior to service rendered…

WHAT TIME IS SERVICE BY EMAIL DEEMED TO ARRIVE ON "THE SAME WORKING DAY"? AN ISSUE THAT HAD IMPORTANT CONSEQUENCES IN THIS CASE

WHAT TIME IS SERVICE BY EMAIL DEEMED TO ARRIVE ON “THE SAME WORKING DAY”? AN ISSUE THAT HAD IMPORTANT CONSEQUENCES IN THIS CASE

August 22, 2025 · by gexall · in Appeals, Applications, Members Content, Serving documents

We are returning to look again at the case considered in the previous post.  This time honing in on the error that was made initially in relation to the time for service of a notice of discontinuance.  The District Judge…

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…

SERVICE BY EMAIL: WHO ARE YOU SERVING? A POINT TO WATCH

SERVICE BY EMAIL: WHO ARE YOU SERVING? A POINT TO WATCH

November 20, 2017 · by gexall · in Members Content, Serving documents

The judgment in Glencore Agriculture BV v Conqueror Holdings Ltd [2017] EWHC 2893  highlights a crucial point about service by email.  If you are (and are allowed to) serve by email – check that the address being used is the the…

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