Postal service out of date
With the continual advancement of computer technology, email has put a sizeable dent into Royal Mail’s profits. However, one thing that has been predominately a stalwart for the postal service is the serving of a claim form. But is this all about to change?
The current CPR rules regarding email as a use of service require a clear statement that email can be used for service and a necessity to ask the other party whether there are limitations into accepting such service (CPR PD 6A). However these rules were only for cases within England and Wales and clarification was needed regarding disputes outside of jurisdiction.
Following the recent case of Bacon v Automattic Inc [2011] EWHC 1072 (QB), the court granted permission for the use of email as a method of service outside of jurisdiction stating that as all parties involved had consented to accepting service by email of any order made by the court, this inferred that the Defendants would have consented to service of the claim by that method.
It is an interesting point that following on from this case and with the global progression of computer use, this may be the start of a future that regards email as a more appropriate route of service, removing the need for consents and permissions and putting it on a par with the postal service.