Case number: BL-2024-001074 - [2025] EWHC 2954 (Ch)

The Trustees rely on the letter from Russell Cooke as indicating a willingness on the part of Russell Cooke to accept service of the claim form electronically. Mr. Collings on behalf of Mr. Hill argues that cannot possibly be an indication of an intention to accept service of proceedings by email.

CPR 6.3(1)(d) provides that a claim form can be served by fax or other means of electronic communication in accordance with Practice Direction 6A. Para 4.1 of that Practice Direction provides:

“Subject to the provisions of rule 6.23(5) and (6) where a document is to be served by fax or other electronic means –

(1)

the party who is to be served or the solicitor acting for that party must previously have indicated in writing to the party serving –

(a)

that the party to be served or the solicitor is willing to accept service by fax or other electronic means; and

(b)

the fax number, e-mail address or e-mail addresses or other electronic identification to which it must be sent;”

The difficulty I have with the argument that Russell Cooke indicated that it was willing to accept service by email is that it clearly was not referring to the originating process. At this time, both parties were proceeding on the basis that Mr. Hill had already been served. Stewarts in their letter to which the 19 February letter is a reply speak of service of documents in the future. I therefore do not consider that service took place by email on 19 February 2025.