Legal Question in Telecomm Law in United Kingdom

email address & the law

Does information recieved by email equate to information recieved by post. Re: Is a person legally bound to look at their Email and is that person legally bound to respond. In particular if that person is recieving an order from a court of law, or a government body.


Asked on 2/03/05, 12:39 pm

1 Answer from Attorneys

Richard Howard Richard Howard & CO

Re: email address & the law

The relevant paragraphs of Practice direction 6 are:_

3.1 Subject to the provisions of paragraph 3.3 below, where a document is to be served by electronic means ---

(1) the party who is to be served or his legal representative must previously have expressly indicated in writing to the party serving ---

(a) that he is willing to accept service by electronic means; and

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

(2) the following shall be taken as sufficient written indication for the purposes of paragraph 3.1(1) ---

(a) a fax number set out on the writing paper of the legal representative of the party who is to be served; or

(b) 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.

3.2 Where a party seeks to serve a document by electronic means he should first seek to clarify with the party who is to be served whether there are any limitations to the recipient's agreement to accept service by such means including the format in which documents are to be sent and the maximum size of attachments that may be received.

3.3 An address for service given by a party must be within the jurisdiction and any fax number must be at the address for service. Where an e-mail address or electronic identification is given in conjunction with an address for service, the e-mail address or electronic identification will be deemed to be at the address for service.

3.4 Where a document is served by electronic means, the party serving the document need not in addition send a hard copy by post or document exchange.

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Answered on 2/03/05, 1:08 pm


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