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England and Wales High Court (Technology and Construction Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Technology and Construction Court) Decisions >> McAlpine Ltd v Richardson Roofing Co Ltd  EWHC 982 (TCC) (01 April 2022)
Cite as:  EWHC 982 (TCC)
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BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
TECHNOLOGY AND CONSTRUCTION COURT (QBD)
Fetter Lane, London
B e f o r e :
| SIR ROBERT McALPINE LTD
- and -
|RICHARDSON ROOFING CO LTD
2nd Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. DX 410 LDE
LOUIS BROWNE QC (instructed by Manleys Solicitors) for the Defendant
Crown Copyright ©
MR JUSTICE WAKSMAN:
"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, email address or other electronic identification to which it must be sent."
And then subparagraph 2 says:
"The following are to be taken as sufficient written indications for the purposes of paragraph 4.1(1) -
(a) a fax number set out on the writing paper…"
and that does not apply,
"(b) an email address set out on the writing paper of the solicitor acting for the party to be served, but only where it is stated that the email address may be used for service; or…"
which is relevant for today's purposes
"(c) a fax number, email address or electronic identification set out on a statement of case or a response to a claim filed with the court."