Forcing email service.

[cchange]

A defendant ('s legal representative) won't accept service of legal & court documents by email but will accept all other emails otherwise.
What options do I have to force email service (England & Wales).

 

[Romancey23]

You cannot force the Def or their legal representative unfortunately. 

 

CPR PArt 6.20 states that documents can be served by

 

...(d) fax or other means of electronic communication in accordance with Practice Direction 6A; 

 

However, PD 6A states that to serve by email 

Service by fax or other electronic means

4.1  Subject to the provisions of rule 6.23(5) and (6), where a document is to be served by fax or other electronic means –

(1) the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –

(a) that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and

(b) the fax number, e-mail address or other electronic identification to which it must be sent; and

(2) the following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) –

(a) a fax number set out on the writing paper of the solicitor acting for the party to be served;

(b) an e-mail address set out on the writing paper of the solicitor acting for the party to be served but only where it is stated that the e-mail address may be used for service; or

(c) a fax number, e-mail address or electronic identification set out on a statement of case or a response to a claim filed with the court.

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).

If you do not have their permission and they have not included their email on court documents, then you should not serve by email. Is there any reason why you cannot serve via post? There has been come case law recently about litigants in person and correct means of service and unfortunately so far it is in favour of serving by the CPR so its not worth risking an argument of documents being struck out as they were not served properly.  

 

 

[cchange]

Thank you for pointing out the issues.
Any suggestions on making a N244 application for an order directing email service considering

1. The defendants legal have accepted email service in other cases.
2. Service is essentially sending the defendant copies of documents it already has.
3. The defendant is just being arsey.

 

No one takes any notice of service rules. For example, parties  will serve the court and the other side on the day or day before by email when practise directions have expicityl said documents bust be served a week or 14 days before the hearing.

 

Edited March 14, 2019 by cchange
missing 'emai'

[Romancey23]

This is a tough one.

 

I believe you can make an application for an order to substitution of service, but I have never made one, and we don't know if it would work! You would need a very good reason for the application, and 1-3 are most likely not good enough (3 is probably true though!). Reasons such as the size or cost of the documents to serve would be unreasonable to do so by post, jurisdiction, disability (depending on specifics) things like that. The Defendant accepting email service in other cases most likely would not be relevant. 

 

you also may want to consider whether it is worth it - the application comes with a hefty fee AND takes time - will your service deadline expire while you're awaiting for the hearing? You also run the risk of annoying the judge and you don't want to start off on the back foot if he takes the position that either party is being petty or difficult.  The application will also most likely be contested. 

[Ethel Street]

cchange, why is it a problem to serve by post?