Serving witness statements - litigant in person

[Dennis01]

Hello, As a LiP and when serving my witness statements on the day by the deadline of 4pm, I served them at 1.30pm and received an email stating that they had received them in the absence of the solicitor dealing with the case. The defendants' solicitor served theirs by post to me by 11.30am, no one instructed me which way they were to be served. I was a little suspicious about why they did that. I found out on the Monday morning, they said they could not accept my witness statements as they had not received them in time! I had a little bit of an argument by email, as they did receive them, only not in the way they requested. I did have previous contact with them by email as they stated they wanted the disclosure by email, so surely my witness statements should stand? (I also sent them by post on the Monday after the deadline) Court bundle is looming and I want to put them in there but the defendants solicitor says I cannot.
Thanks, any help appreciated.

[atticus]

Does paragraph 4.1 of Practice Direction 6A help you?

4.1 Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means

(1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving

(a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and

(b) the fax number, e-mail address or e-mail addresses or other electronic identification to which it must be sent; and

(2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1)

(a) a fax number set out on the writing paper of the solicitor acting for the party to be served;

(b) an e-mail address or e-mail addresses set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address or e-mail addresses may be used for service; or

(c) a fax number, e-mail address or e-mail addresses or electronic identification set out on a statement of case or a response to a claim filed with the court.

[Dennis01]

So with them accepting Disclosure by email, surely they accept my witness statements by the sme method.
or even let me know by email the same week that they were only to be served via post. They sent them next day recorded delivery guaranteed, so i think this was done on purpose. Therefore, do i still put in my bundle, just for them to refuse them?

[atticus]

I would add the statements. But can you show that paragraph 4.1 of PD 6A applies here?

[Dennis01]

Yes, I see. Should I put that in my bundle? As they are always in touch by email and have previously agreed 'Disclosure' documents via email.
thanks

[atticus]

The court will have the CPR and PDs and you can refer to them in any argument. You will only annoy the judge by adding a rule or practice direction to the bundle.