Document delivery methods to parties and to court

[Brbnewbie!]

Hello,

The directions to our SCC case specify that each party must deliver copies of all the documents to which we rely on at the hearing to the other party and the court office by a set date.


I’m trying to find out if delivery must be via post for these documents? But am struggling to find out what methods are acceptable - eg can it be email? Or must it by post?

many thanks.

[JK2054]

You can serve by email and/or post so long as party hasn't specifically said by post.

[Brbnewbie!]

Thank you.

[atticus]

While I hesitate to disagree with a previous reply, I do not think it is right. See PD 6A para 4.1: https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

[MaryS57]

Thanks Atticus

That was exactly what I needed to hear too, but Pezza didn't comment.

https://legalbeagles.info/forums/for...16#post1694716

[JK2054]

While I hesitate to disagree with a previous reply, I do not think it is right. See PD 6A para 4.1: https://www.justice.gov.uk/courts/pr...pd_part06a#4.1

It's small claims though so it is right.

[atticus]

Part 27 does not disapply Part 6. That said, I may be mistaken, in which case I know that you will share the authority for that proposition.

[JK2054]

4.1 (2)(c)

[atticus]

Oh dear. That needs to be read in conjunction with PD 6A para 4.1. It does not give the general authorisation to serve by email that your post #2 suggests.

PD 6A para 4.1 applies to this question.

[pc52straw]

There were some updates earlier this year around Companies Act to the effect of, corporates MUST provide a valid email address for government communications including service of legal stuff.

It came into effect in March as a requirement for the Economic Crime and Corporate Transparency Act 2023.

When engaging with a company litigant earlier this year all service in both directions was paperless except for the paper copies that we were ordered to send to the county court.... Despite using the email and Dropbox options.

Which, ironically, the judge on the day used instead of the paper bundles.

[MaryS57]

It would be v. good to have this crystal clear for small claims court- if at all possible, please.

Our D Judge's Court Orders (small claim) simply says "send" - so, unfortunately, not enlightening at all. The District judge has already reminded the company litigant (Defendant) they MUST comply with CPR.

I see PD6A para 4.2 implies there must be some form of prior agreement between the parties as to the makeup of the electronic docs to be served - so, (although I may totally be wrong), this perhaps implies docs can't just be emailed out of the blue without some form of discussion/ agreement (??).

I will leave it to your much greater knowledge/experiences to entangle...hopefully, for us mere lips.

[atticus]

I see PD6A para 4.2 implies there must be some form of prior agreement between the parties as to the makeup of the electronic docs to be served - so, (although I may totally be wrong), this perhaps implies docs can't just be emailed out of the blue without some form of discussion/ agreement (??).

You have understood correctly.

Please say if you would like any further guidance.

[pc52straw]

In the digital small claims workflows, telling the court you've got an email address or fax now counts as implied consent to use it for service, hence

14.1(A1) "For the purposes of this practice direction, a form, document or email submitted to the court electronically is received by the court when it is recorded as received by the OCMC website, or as appropriate by HMCTS email software."

Lots of updates across documents happened in October and November this year are not specific. But if the claim is submitted through OCMC and a litigant provides their email address in the digital workflow it now appears to be the case that email service is assumed valid unless told otherwise... which makes sense as what'd be the point of telling HMCTS and the other litigant what the email address is, if you don't want them to use it?!

This logic might not apply to paper applications or MCO. However I know a litigant who got served a letter from the court by email just this week, where they're defending a claim issued the old fashioned way. (No fixed abode but can get email)

[JK2054]

It would be v. good to have this crystal clear for small claims court- if at all possible, please.

Our D Judge's Court Orders (small claim) simply says "send" - so, unfortunately, not enlightening at all. The District judge has already reminded the company litigant (Defendant) they MUST comply with CPR.

I see PD6A para 4.2 implies there must be some form of prior agreement between the parties as to the makeup of the electronic docs to be served - so, (although I may totally be wrong), this perhaps implies docs can't just be emailed out of the blue without some form of discussion/ agreement (??).

I will leave it to your much greater knowledge/experiences to entangle...hopefully, for us mere lips.

no because if there is an email on the statement of case, you are entitled to use it (i.e if it is on the claim form/defence) you can use it