Document delivery methods to parties and to court

[atticus]

The whole point is whether an email address has been provided.

[MaryS57]

This is a very interesting discussion - please could you also advise in the slightly different circumstances below, many thanks.


I am the claimant. In my case, both the Claim form N1 and POC were served by the Court in paper form

Neither on the Claim Form (i.e. N1) nor on the POC did I give my email address. I only gave my postal address on N1.

The only time I gave my email address was within the DQ for mediation purposes (I served my DQ by hard copy to the Defendant)


The Defendant had my email address from our past contracts/dealings

He has been warned to comply with CPR by the District Judge since he wasn't bothering to serve anything as he ought (his defence & DQ were not served), so I (as claimant) was being kept in the dark.


At the Preliminary Hearing, the District Judge reminded the Defendant he was to "send" me their witness statement. The Court Order uses the same terms "each party must send to the other party and to the court office copies of.....etc...."

Is this one circumstance where service by email by the Defendant would not be acceptable? I look forward to your expert opinions on this........

[atticus]

Arguably that comes within PD 6A para 4.1 (2)(c). You have given that email address on a document filed and served in connection with the court proceedings.

[JK2054]

No that's the wrong interpretation of PD 6A 4.1(2)(c).
4.1 (2)(c) is clear that it is only where the details are set out on a statement of case or a response to a claim filed with the court. The DQ does not count, it is not a statement of case, nor a response.


However, the reality is, you can't sit in court and ask a judge to exclude a document because it was served by email not by post, so long as the email is yours. that simply won't stand.

[atticus]

On reflection, I agree with JK on this point.

[MaryS57]

Many thanks for your great answers....most enlightening.

One quick further scenario question, please if you will...

If a party writes (by post) to the other party saying that they don't wish to receive service by email after a certain date - and then the other party ignores that completely and carries on serving by email (much to the annoyance of the first party) does this also not matter in court?

Or does the first party just write back objecting in the strongest terms?;

or, in the alternative, what is the point of rules if they can be simply ignored ?

Many thanks again.

[atticus]

Is the person receiving the emails, or is there some practical reason for requesting the cessation?

[JK2054]

Many thanks for your great answers....most enlightening.

One quick further scenario question, please if you will...

If a party writes (by post) to the other party saying that they don't wish to receive service by email after a certain date - and then the other party ignores that completely and carries on serving by email (much to the annoyance of the first party) does this also not matter in court?

Or does the first party just write back objecting in the strongest terms?;

or, in the alternative, what is the point of rules if they can be simply ignored ?

Many thanks again.

eh they'll be asked why and judge might frown, but unless the answer is like "because i do what i like"it will proibably be allowed, particularly as this is SCT. if they say misssed the email, forgot etc they'll be ok because the email is active.

if it was a company email and you left for example, then you wouldnt.

[MaryS57]

Is the person receiving the emails, or is there some practical reason for requesting the cessation?

In my situation, I'm concerned that the Defendant will email out 20 odd files (i.e. 50-100 pages say) as their witness statement plus exhibits (with very little care/chucking everything in regardless as to how important or irrelevant it is since the case has been going on 3yrs) and then i need to print them all off and collate into some semblance of order ready for trial.

I would much rather receive them on paper -

Is this not a reasonable thing I can ask for, or how do others cope, please?

btw: Thanks all for your invaluable input and time in deciphering the processes, much appreciated - as always.

[Pezza54]

Please read Practice Direction 5B 2.3 (b)(1) and (2) and 2.3(d)
The size of emailed documents in the county court is limited.

Under 2.4 the court may refuse to accept documents where the sender has not complied with the rules

Use of the word "may" again

[atticus]

The OP is primarily concerned with service between parties.

I suggest that she explain her concerns and the reasons. The court may be willing to impose conditions for the use of email.

[MaryS57]

Thanks for the good suggestion.

[JK2054]

In my situation, I'm concerned that the Defendant will email out 20 odd files (i.e. 50-100 pages say) as their witness statement plus exhibits (with very little care/chucking everything in regardless as to how important or irrelevant it is since the case has been going on 3yrs) and then i need to print them all off and collate into some semblance of order ready for trial.

I would much rather receive them on paper -

Is this not a reasonable thing I can ask for, or how do others cope, please?

btw: Thanks all for your invaluable input and time in deciphering the processes, much appreciated - as always.

you can take a laptop into the room and just open their pdf? They cant sent 20 files, only 1.

also no need to be collating or ordering, thats their job.

Remember, you and the court get the same thing, a judge isnt going to order papers for a party, they are judges not admin staff.

[MaryS57]

you can take a laptop into the room and just open their pdf? They cant sent 20 files, only 1.

also no need to be collating or ordering, thats their job.

Remember, you and the court get the same thing, a judge isnt going to order papers for a party, they are judges not admin staff.

Thanks that's very good to know that the Defendant can only send 1 pdf.

Am I right in thinking the following limits also apply (a)10mB max file size (b) 25 sheets i.e.50 pages total (in accordance with PD5B section 2.3(b) or thereabouts).

In my case, I bet the Defendants don't bother to combine files and/or compress the resulting pdf (as they are so,so lazy and don't read rules) - but time will tell shortly. The deadline is in <14 days.


But - regarding me- I can send my witness statement (plus exhibits) on paper to the Defendant and on paper to the court (identical copies), right?

Will the judge then have my (neatly) prepared hard copy at the hearing - and not just a scanned pdf version of it?

Sorry, i've never been at a trial before (only a preliminary hearing ) - so it's very helpful to know what to expect so I present my case as well as I am able.

Thanks for all your assistance.

[atticus]

1. PD 5B relates to filing documents with the court and not service on other parties. Read para 1.1.

2. I do not agree that a party may only send 1 pdf file to another party.

i repeat my earlier suggestion, made in post #26. The OP can also use PD 6A para 4.2 to explain any limitations.