Q&As

Aside from the rules relating to service of proceedings, is there any guidance or rule concerning the manner in which solicitors involved in litigation should correspond? In particular, can a firm of solicitors refuse to accept general correspondence by email and insist on all correspondence being provided by post?

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Produced in partnership with Peter Steel of Augury Consulting
Published on LexisPSL on 26/09/2018

The following Dispute Resolution Q&A Produced in partnership with Peter Steel of Augury Consulting provides comprehensive and up to date legal information covering:

  • Aside from the rules relating to service of proceedings, is there any guidance or rule concerning the manner in which solicitors involved in litigation should correspond? In particular, can a firm of solicitors refuse to accept general correspondence by email and insist on all correspondence being provided by post?

In short, we are not aware of any rule preventing a firm of solicitors insisting that all correspondence be provided by post. However, whether it would be acceptable or sensible to do so may depend on the circumstances.

Similarly, although there are no specific rules on the manner in which solicitors engaged in litigation should correspond, guidance on the correct approach can be found in a number of places, in particular:

  1. chapter 11 of the SRA Handbook

  2. the SRA Warning Letter dated 24 August 2017 concerning offensive communications

Outcome (11.1) of the SRA Handbook requires that solicitors do not take unfair advantage of third parties in either their professional or personal capacity. So while it might be acceptable to require that an opposing firm of solicitors correspond by letter only, the situation might be

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