Service of Letter before Action

[heisenberg]

Dear all,

Can anyone refer me to the CPR rule that sets out that a letter before action needs to be served in the post (and not by e-mail) and that it needs to be served to a specific postal address if the other party has more than one business address.

From my experience this has not been the case.

Also, if the other party unreasonably avers that it needs 3 months to prepare a response (to prejudice my position in which to meet deadlines) is there nothing I can do about that?

Many thanks.

[des8]

Re: Service of Letter before Action

Practice direction Preaction protocols para 6 only refers to "letter"
The defendant should respond within 14 days in straight forward case and not more than 3 months in complicated cases
https://www.justice.gov.uk/courts/pr...action_conduct

Protocols in force for different types of claim vary the time in which a response is necessary, although agreement of claimant might be needed if extended time is needed by defence.

Can you tell us what the claim concerns as per list in para 18 of the link

[R0b]

Re: Service of Letter before Action

You could send the letter before action to both addresses to cover your tracks, included in the LBA you will need ask the address which accepts service of proceedings, if the defendant does not divulge their preferred address for service, make them aware that you believe X address is their last known address unless they specify otherwise. I believe sending a claim form to a business address would be acceptable for service even if it is not their last known address - there was a court of appeal case on this point I think.

If the company is a ltd company get onto Companies House and do a search for their registered office and serve it that way.

If your claim doesn't fall into para. 18 then paras. 1-17 shall apply.

[heisenberg]

Re: Service of Letter before Action

Practice direction Preaction protocols para 6 only refers to "letter"
The defendant should respond within 14 days in straight forward case and not more than 3 months in complicated cases
https://www.justice.gov.uk/courts/pr...action_conduct

Protocols in force for different types of claim vary the time in which a response is necessary, although agreement of claimant might be needed if extended time is needed by defence.

Can you tell us what the claim concerns as per list in para 18 of the link

Thanks. There is no specific protocol in this case. I gave the other side 3 weeks as the matter is not that complicated. They are now suggesting it is a very complex case requiring circa 3 months of deliberation.

I note the PD states:

A pre-action protocol or this Practice Direction must not be used by a party as a tactical device to secure an unfair advantage over another party.

It seems to me that that is exactly what is happening here. Can anyone confirm that, in a discrimination case, the clock starts ticking after the last act of discrimination?

A letter can be attached to an e-mail can it not? I have previously served letters before action and have never had this problem. Indeed courts and tribunals accept communications and documents via e-mail on a daily basis.

- - - Updated - - -

You could send the letter before action to both addresses to cover your tracks, included in the LBA you will need ask the address which accepts service of proceedings, if the defendant does not divulge their preferred address for service, make them aware that you believe X address is their last known address unless they specify otherwise. I believe sending a claim form to a business address would be acceptable for service even if it is not their last known address - there was a court of appeal case on this point I think.

If the company is a ltd company get onto Companies House and do a search for their registered office and serve it that way.

If your claim doesn't fall into para. 18 then paras. 1-17 shall apply.

Hi Rob,

They have around 10 addresses it seems hence the reason I sent the letter before action to the complaints department/handler via an e-mail.

[R0b]

Re: Service of Letter before Action

care to share the name of the company?

LBA's can be sent by email, accepted methods of a claim form can be letter, personal service, email, fax so it would be very hard to argue you can't send LBAs by email.

[des8]

Re: Service of Letter before Action

If you do not agree they need 3 months, withhold your agreement.
Tell them, give them a time limit and then proceed to issue claim.

I can find nothing to say the letter has to be in hard copy, delivered by Royal Mail or man with cleft stick.
If you have served via email previously without problems, do so again!

[heisenberg]

Re: Service of Letter before Action

care to share the name of the company?

LBA's can be sent by email, accepted methods of a claim form can be letter, personal service, email, fax so it would be very hard to argue you can't send LBAs by email.

#

That is what I thought.

Name of firm:



I have been to companies house and found the address to be different from the one I used in LBA (they have offices all over the country so I used the first London one which was Hammersmith. This is also the address that Google uses when you do a search on them).

- - - Updated - - -

If you do not agree they need 3 months, withhold your agreement.
Tell them, give them a time limit and then proceed to issue claim.

I can find nothing to say the letter has to be in hard copy, delivered by Royal Mail or man with cleft stick.
If you have served via email previously without problems, do so again!

They have suggested that if I submit a claim then they will make an application for costs (needless to say they would be very lucky to be successful with that).

[R0b]

Re: Service of Letter before Action

CH says registered office being 24-34 Lord Street, Leigh, Lancashire, WN7 1AB and in an ideal situation you would send the LBA to their registered address.

However, that being said as they are a firm of solicitors and they have multiple offices, it would be a technicality to argue that the LBA was sent elsewhere instead of the correct office. The main point is to send the Claim to their registered office, or a couple of days before the end of the expiry period for response, send an email to their complaints department and ask to confirm service of proceedings, if they fail to do so then it will be sent to their registered office.

If you have been dealing with a specific office on a matter and you have indicated that you will be seeking to commence proceedings but they have not given a nominated address then you will be entitled to send the LBA to that office, and potentially the claim form - but to be safe I would send it to their reg. office.

[heisenberg]

Re: Service of Letter before Action

CH says registered office being 24-34 Lord Street, Leigh, Lancashire, WN7 1AB and in an ideal situation you would send the LBA to their registered address.

However, that being said as they are a firm of solicitors and they have multiple offices, it would be a technicality to argue that the LBA was sent elsewhere instead of the correct office. The main point is to send the Claim to their registered office, or a couple of days before the end of the expiry period for response, send an email to their complaints department and ask to confirm service of proceedings, if they fail to do so then it will be sent to their registered office.

If you have been dealing with a specific office on a matter and you have indicated that you will be seeking to commence proceedings but they have not given a nominated address then you will be entitled to send the LBA to that office, and potentially the claim form - but to be safe I would send it to their reg. office.

Thanks Rob.

I have just sent them another e-mail and amended the letter to reflect the Lancs address. As des8 has asserted, there is nothing to say the LBA has to be in hard copy, delivered by Royal Mail or man with cleft stick.

I will ensure the registered address is used when filling out the N1 form.

[heisenberg]

Re: Service of Letter before Action

Here is an interesting article:

http://www.farrer.co.uk/Global/Brief...20yourself.pdf

Relevant?

[R0b]

Re: Service of Letter before Action

Yep sorry that was the case I might have been thinking of.

s.1139(1) CA 2006 or s725 CA 1989 provides that a document may be served on a company by leaving or posting it to its registered office.

Murphy v Stales & Cranfield v Bridgegrove 2003 (joint cases) - see paragraph 83, Lord Dyson: Claimants may serve a document to its registered address or in accordance with the provisions of CPR as an alternative.

Does that answer your question?

[heisenberg]

Re: Service of Letter before Action

Yep sorry that was the case I might have been thinking of.

s.1139(1) CA 2006 or s725 CA 1989 provides that a document may be served on a company by leaving or posting it to its registered office.

Murphy v Stales & Cranfield v Bridgegrove 2003 (joint cases) - see paragraph 83, Lord Dyson: Claimants may serve a document to its registered address or in accordance with the provisions of CPR as an alternative.

Does that answer your question?

Could well do. I take I have served the 'document' in accordance with the CPR/Practice Direction so all is fine and dandy?

[R0b]

Re: Service of Letter before Action

Yeah if its sent to the registered office that is fine, only thing I will say if your previous letter was sent earlier than the one to the reg office then I would take the period of response to start from tomorrow since you have sent it so late and disregard the time period of the earlier letter.

[heisenberg]

Re: Service of Letter before Action

Yeah if its sent to the registered office that is fine, only thing I will say if your previous letter was sent earlier than the one to the reg office then I would take the period of response to start from tomorrow since you have sent it so late and disregard the time period of the earlier letter.

I sent it via e-mail though?

[R0b]

Re: Service of Letter before Action

Yes I meant email not letter, as it was sent outside of business hours and to give them the benefit of the doubt but it is up to you.