Lowell reply to defence on cut off day

[mutinycam]

Hi all,

Apologies if this has already been answered, had a good look and can't see it if so.

I'm currently defending a claim on the basis of it being statute barred. The claimant, Lowell was ordered on 20/4 to provide their reply by today, 1/5. I received an email today, timestamped 15:59 from a team acting on Powell's behalf with their reply attached. What I'd like to know is whether the court will deem this too late or not? I have no idea whether they've sent it by post or electronically (although the order only gives a postal address for the court). Does anyone have any knowledge on this? Would be most grateful! Thanks

[des8]

Hi and welcome

If the order is silent on time it can be served on the defendant electronically up until 4.30pm on that business day (CPR 6.26)

Any electronic transmission must be completed by the deadline, but receipt does not have to be proved. This is governed by PD 6A,(4.1) which includes a requirement that the party being served must have previously indicated in writing their agreement to this.method of serving.

[jaguarsuk]

The court accepts electronic service, so it will be deemed they have complied. Even if they served late the court would probably accept it in reality.

[Diana M]

I'm currently defending a claim on the basis of it being statute barred. The claimant, Lowell was ordered on 20/4 to provide their reply by today, 1/5. I received an email today, timestamped 15:59 from a team acting on Powell's behalf with their reply attached. What I'd like to know is whether the court will deem this too late or not? I have no idea whether they've sent it by post or electronically (although the order only gives a postal address for the court).

It seems they made the deadline.

It would help if you could put this question in context. What was the "reply" which Lowells were ordered to serve on you? And did the Order say that they should also file it at court or just serve it on you?

What stage have these proceedings reached?

Di