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Document delivery methods to parties and to court

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  • #31
    Please see 5.B 2.3 (c)
    Only one email permitted to take one step in the proceedings (filing and serving witness statement and evidence) so very important to include everything first time
    I am by no means a computer expert, but a folder (zip file to attach to an email) could contain the pdf documents for a witness statement and evidence
    A party cannot send some documents by email and other printed documents by post to the court

    Comment


    • #32
      Come on Pezza. For the umpteenth time, PD%B is about filing things with the court. Just look at the paragraph you cite:
      (c) only one e-mail, including any attachments, may be sent to the court to take any step in the proceedings and a party may not send another e-mail or a hard copy of any additional document as part of that step
      EDIT - PD 5B
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #33
        Originally posted by atticus View Post
        Come on Pezza. For the umpteenth time, PD%B is about filing things with the court. Just look at the paragraph you cite:
        What's PD %B?

        Mary in post 24 was concerned about the size of the email she could receive from the defendant. Assuming the defendant files the same email or emails with the court then the defendant may exceed the permitted email size or one email only rule. If this happens there is more ammunition for Mary at her final hearing
        Last edited by Pezza54; 9th December 2024, 15:33:PM.

        Comment


        • #34
          I must have hit the shift key when presssing 5 - PD 5B
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #35
            I think the point that needs to be made to those reading in this thread is that there are different rules for (a) filing documents online with the court and (b) serving documents on other parties by email.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #36
              P.D 6A par 4.2 Where a party intends to serve a document by electronic means (other than by fax) that party must first ask the party who is to be served whether there are any limitations to the recipient’s agreement to accept service by such means (for example, the format in which documents are to be sent and the maximum size of attachments that may be received).


              This is clear - the problem is the Defendant doesn't read rules so the chance of him checking with me first is remote to put it mildly - he hasn't bothered so far.

              But if he did I will certainly ask for (a) a print out ( since I only gave my email address in the DQ & not in my statements of case). Or at the very least (b) the same as the court's stipulated emailing requirements - which is less stressful than 20 odd raw files flying in my direction (including email threads of significant length) and possibly some iphone messages that I struggle to open.

              To date the smc has tolerated the Defendant's many breaches of CPR

              Now that we are getting to the business end of the claim - hopefully the court will be stricter.

              Comment


              • #37
                Then you should let this party know the answers you would have given, if asked. Get your position on record.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment


                • #38
                  Many thanks - wise advice - in view of our Defendant's non-compliances so far.

                  Comment

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