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They have stated:
In the circumstances, if you intend to effect proper Notice on behalf of your clients can you please do so in the prescribed manner. It would be helpful if you would please include my name and file reference in your covering letter although it should be addressed to Mr XXXXXXXX as a matter of formality.
Service of documents is perfectly adequate if done by emailprovided there is some kind of acknowledgement at the other end that it hasbeen received.
There are certain provisions with regard to the service ofdocuments, for example, they are deemed served 48 hours after posting and thatprovided you have proof of posting, then first class post is deemed to be 100%reliable even if it is not received provided, it is not returned to the sender.
I must admit I find this latter point (which is well-establishedin law) absolutely bizarre but I do not make the law, I simply regurgitate it.
To make a sweeping statement such as "few if any organisationswill accept service of legal documents by email" is an exaggeration. It is truethat many solicitors letterheads specifically preclude service of documents byfax or email.
There is no dispute over the fact that the document has beenreceived and in my opinion therefore it is good service but to prevent theargument, I would pop it in the post in any event. That is always good practice.
There is a potential argument to be had in the recipient wanted towaste a lot of court time and everybody's money and time by getting the courtto determine whether or not notice served electronically, even if it has beenreceived, is not sufficient purely because it does not comply with the ordersays which is what I quote below.
The order specifically says ""requisitenotice" means notice in the appropriate form set out in Schedule 2 or in a formsubstantially to the like effect, but shall not include notice served usingelectronic communications; and"
I think that whoever has done this is simply flexing hisauthoritative muscles to appear knowledgeable.
Does that answer the question? Can I assist further or answer anyspecific queries?
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