Service by e-mails is, and continues to be, a grey area in litigation. Over the years there has been a number of cases regarding this topic. Always consider communications received carefully and whether they make reference to the fact that they do not accept service by e-mail.
Service is defined as the steps required by the Civil Procedure Rules to bring documents used in Court proceedings to a person’s attention. This is covered mainly under CPR6 and permitted methods of service are set out in CPR6.3(1) and CPR6.20(1) outlining personal service, first class post, document exchange or other service which provides delivery on the next business day, leaving the document at a specified place or by fax or other electronic means. You must ensure that you have the other parties’ permission before affecting service by fax or other electronic means (PD6A.4.1 (1) and (2)).
What is grey about it and What did those cases say? For example?
E-mail guidance with the Courts
Guidance is provided by the Court with regards to e-mails on the Court’s website (www.justice.gov.uk/courts/emailguidance). This provides details of what you can and cannot file by e-mail, what the Court can send via e-mail, the addresses to send e-mails. It also provides former contents (what does this mean?) of e-mails and what the Court would do with your e-mail. Finally, it provides points to remember. One interesting point is that when printed out, the e-mail and any attachment including any document embedded within another should not exceed 50 pages.