Plans to ban the obstructive tactic used by some defendant lawyers of refusing to accept service of proceedings by email are long overdue, APIL says.
“Email is generally how two parties would communicate up to the point of court proceedings, so then to refuse to accept service of those proceedings by email smacks of gamesmanship and an attempt to frustrate the progress of a case,” said Matthew Tuff, president of the Association of Personal Injury Lawyers (APIL).
APIL has responded to a consultation by the Civil Procedure Rule Committee (CPRC) on service by electronic means.
“Lawyers need to be barred from refusing to accept service of proceedings by email as it can cause unnecessary delays which could lead to claimant solicitors missing the limitation period for service, which causes extra work and expense, and uncertainty for the injured claimant.
“The rules of service desperately need updating to reflect modern working practices, so this review by the CPRC is welcome,” he said.
“Where legal representatives are authorised to accept service on behalf of clients, the CPRC wants to amend the rules so service of proceedings can be by email, without the need for specific confirmation to use this method.
“The legal industry lags behind other industries in its use of technology. Using email and not having to chase confirmation for service would make our workload considerably less cumbersome,” added Matthew.