Methods of Service CPR rules 6.20 (1 d), Practice Direction 6A

[Cpt Morgan]

Hello,

I judge has recently requested that a defendant files and serves paper work in relation to a civil case for approx £7000.

The case was initially won by the claimant, but (controversially) 3 months later, the defendant made a request to have the case set aside, which the judge has allowed.

The defendant has now not followed CPR and PD rules concerning document service, as they sent documents by email which I cannot access, and have never asked me as per CPR rules 6.20 (1 d) and Practice Direction 6A if I can receive documents by email.

My service provider has restricted document size access restrictions, so I would have never accepted document service this way anyway, but as they never approached me, does this mean documents have or haven't been served. I have nothing in my in box and the date has passed, and I have had nothing in the post.

The judge is quite clear in her orders in that the defendant must serve and file his defence by X, and that if he doesn't his defence (which until now has never been submitted) will be struck out and the claimant has the right to request enforcement of the previous judgement.

What do I need to do now re advising the court that I have not been served in line with the judges orders.

Thanks in advance

[jaguarsuk]

On the claim form did you provide and email address for service?

Also, have you checked with the court whether they have filed with them?

[Cpt Morgan]

Hi, the claim was raised via MCOL, and I only gave my postal address (so no email address was provided for service). No idea if the defendants documents have been filed at the court, but the courts directions were quite specific that they must be filed and served by a specific date, and I haven't got them (via the post) and have never been approached re acceptance of service by email as per CPR rules and Practise Directions, and anything that may have been emailed from him would have been sent to spam anyway which is deleted automatically due to abusive emails.

[jaguarsuk]

Well in reality the court are unlikely to really bother much about the fact they haven't adhered to this order by sending them to you, if you raise it they'll likely make another order setting another deadline and only act at that point.

However, if they have filed with the court then the court will expect that things proceed, if you leave it until the hearing to check this then an adjournment will happen to get you a copy and come back another day. It's better to check with the court and then if they do have them get a copy.