Q&As

If serving by email, what is the extent of the requirement to enquire about the recipient’s email limitations?

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Produced in partnership with James Tunley of Lamb Chambers
Published on LexisPSL on 18/02/2019

The following Dispute Resolution Q&A produced in partnership with James Tunley of Lamb Chambers provides comprehensive and up to date legal information covering:

  • If serving by email, what is the extent of the requirement to enquire about the recipient’s email limitations?
  • Serving documents by email
  • Recipient’s failure to respond

If serving by email, what is the extent of the requirement to enquire about the recipient’s email limitations?

Serving documents by email

Service by email is permitted under CPR 6.20(1)(d) provided it is in accordance with CPR PD 6A, para 4.1, which requires the other party to have previously indicated in writing that they are willing to accept service by email. Therefore, express consent by the other party must be received before service.

CPR PD 6A, para 4.2 states:

‘Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received)’

Recipient’s failure to respond

In the scenario in this Q&A, if the enquiry is asked and the other party fails to respond, then seemingly CPR PD 6A, para 4.2 has been complied with and under CPR 6.26 the defence is deemed served upon sending rather than when it is received.

The wording of CPR PD 6A, para 4.2 puts an onus on the serving party

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