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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17283
Experience:  I have been practising for 30 years.
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During a hearing, I agreed to be serviced by email. However,

Customer Question

During a hearing, I agreed to be serviced by email. However, the Judge asked that I provide an address for service in any case.I sent an email (on the same day as the hearing) containing an address for service to the court. However, I received an email from the claimant that this had not been received. I resubmitted the service address in response, but I fear the original was not received and the claimant has now emailed the court to request a reinstatement of the original ccj in absentia.The claimant also enclosed a copy of the orders specifying it had to be submitted by a certain date that has now passed.I was not provided with a copy of the court orders that specified that the order to set aside a judgment would be reversed if an address for service was not provided within the specified time.The service address was wholly immaterial in any case, given that I had agreed in the hearing to email service and given that the Spanish address provided would not be served by the court in time for proceedings either. However, I am disappointed that it appears neither the court nor the claimant received my initial email.Is there any precedent in the form of submitting emails where it may not have been received, may have been spam filtered, or may have failed to send / outboxed?Thank you,
Submitted: 14 days ago.
Category: Law
Expert:  F E Smith replied 14 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

for clarity -

was the email address you sent your normal/usual email address as you received their email?

did they then receive your email(s)?

Customer: replied 14 days ago.
Thank you
Customer: replied 14 days ago.
the court will likely not have received it either unfortunately.
Expert:  F E Smith replied 14 days ago.

Provided you have the copy of the email containing the address for service and it went to the correct address and the second copy in response, I think it unlikely that the judgement would be reinstated.

I assume that you have made an application to set aside the judgement.

Further, just because there was no address for service doesn’t necessarily mean that the other side have been disadvantaged unless there were actually documents that needed serving in which they couldn’t serve because they haven’t got an address.

Notwithstanding the Coronavirus situation, people seem to have become fixed over the last couple of years in avoiding sending things by post and doing it by email. My personal view is that I want a piece of paper in the post. Particularly with regard to service of documents because the last thing I want is a whole load of emails which I have to print out to put on a file.

It’s not your fault if the recipient’s spam filter has put your email into a junk box.

However what is then of more concern is that if you sent it to the other side and the court, that the court hasn’t received it because of the court hasn’t received it then clearly, you didn’t send it for whatever reason.

Customer: replied 14 days ago.
It appears that I have hit the send button but for whatever reason, it has been kept in the outgoing mail server and has not actually left my machine. This has been a genuine error, has not disadvantaged the other side in any way as no documents would have arrived in Spain before the due dates and we had not used physical post before this. Is this going to be an issue and if the CCJ is reinstated, is there any right of appeal on this.
Expert:  F E Smith replied 14 days ago.

In that case, you didn’t send it and your in breach of the order, regardless of the reason.

However as you say, no documents were served so it somewhat academic albeit still a breach of the order but in my opinion it would not be a reason to get the original judgement reinstated because they have not been disadvantaged in their position has not been prejudiced.

If they make the application, you need to oppose it.

Customer: replied 8 days ago.
Thank you, ***** ***** I oppose this? The Claimant has said via email that he demands cash within 24 hours and that the court agrees the original judgment stands. What is the best procedure to engage with the court on this point? Do I wait for them to make an application or shall I make submissions now?
Customer: replied 8 days ago.
The Order (which I was never sent by the court) said: If I do not provide the address by X date, then the Claimant does not have to comply with orders to file his submissions for the upcoming trial and that the original judgment would therefore stand.