SIR ROBERT McALPINE LTD v RICHARDSON ROOFING CO LTD

SIR ROBERT McALPINE LTD v RICHARDSON ROOFING CO LTD

There was no valid service of the particulars of claim by email because the defendant's solicitors had not given an explicit written indication of willingness to accept service by email, and the notice of acting was not a 'response to a claim' within the meaning of Practice Direction 6A 4.1(2)(c).

Parties
Claimant: Sir Robert McAlpine Ltd; Defendant: Richardson Roofing Co Ltd
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Civil (technology and Construction Court) / Interlocutory Application—validity of Service of Particulars of Claim
Outcome
Application for declaration of valid service by email refused
Legal Topics
Service of Documents, Practice Direction 6 a, Service by Email, Interpretation of Procedural Rules
Civil Procedure Service of Documents Practice Direction 6 a Service by Email Interpretation of Procedural Rules

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Parties

Sir Robert McAlpine Ltd

Claimant

Richardson Roofing Co Ltd

Defendant

Procedural Posture

Civil (technology and Construction Court) / Interlocutory Application—validity of Service of Particulars of Claim

Legal Issues

  1. 1 Whether the claimant validly served particulars of claim by email under Practice Direction 6A
  2. 2 Whether inclusion of an email address on a notice of acting constitutes written indication to accept service by email
  3. 3 Whether a notice of acting is a 'response to a claim' under Practice Direction 6A 4.1(2)(c)

Ratio Decidendi

There was no valid service of the particulars of claim by email because the defendant's solicitors had not given an explicit written indication of willingness to accept service by email, and the notice of acting was not a 'response to a claim' within the meaning of Practice Direction 6A 4.1(2)(c).

Court Disposition

Application for declaration of valid service by email refused

Orders

  • No valid service of particulars of claim by email on 18 March 2022; claimant's application refused