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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19815
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We have emailed certificate B under section 66 of the Town

Resolved Question:

We have emailed certificate B under section 66 of the Town and Country Planning (Development Management Procedure) Order 2010 to the intended receipient.

They have replied that "few if any organisations will accept service of legal documents by e-mail".

Is this true? (It's not a big issue, as we will put it in the post tomorrow. I just want to be sure of the facts.)

Best wishes,

David
Submitted: 11 months ago.
Category: UK Property Law
Expert:  Stuart J replied 11 months ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Have they specifically stated that they will not accept this by email?
Customer: replied 11 months ago.


They have stated:


 



  1. Article 11(8) of the 2010 Order expressly prescribes that Notices may not be served electronically and you may be aware that few if any organisations will accept service of legal documents by e-mail.


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.

Expert:  Stuart J replied 11 months ago.


Service of documents is perfectly adequate if done by email
provided there is some kind of acknowledgement at the other end that it has
been received.

There are certain provisions with regard to the service of
documents, for example, they are deemed served 48 hours after posting and that
provided 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-established
in law) absolutely bizarre but I do not make the law, I simply regurgitate it.



To make a sweeping statement such as "few if any organisations
will accept service of legal documents by email" is an exaggeration. It is true
that many solicitors letterheads specifically preclude service of documents by
fax or email.



There is no dispute over the fact that the document has been
received and in my opinion therefore it is good service but to prevent the
argument, 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 to
waste a lot of court time and everybody's money and time by getting the court
to determine whether or not notice served electronically, even if it has been
received, is not sufficient purely because it does not comply with the order
says which is what I quote below.



The order specifically says ""requisite
notice" means notice in the appropriate form set out in Schedule 2 or in a form
substantially to the like effect, but shall not include notice served using
electronic communications; and"



I think that whoever has done this is simply flexing his
authoritative muscles to appear knowledgeable.



Thank you.



Does that answer the question? Can I assist further or answer any
specific queries?

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19815
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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