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Yes, but only with prior agreement. Under the Civil Procedure Rules, a document may be served by email only where the receiving party or their solicitor has indicated in writing that they will accept service by email and has provided the address to use. Emailing court documents without that indication is not valid service, however clearly the recipient read them. Separately, courts can authorise email as alternative service, and in divorce the court itself serves by email as standard.
Email feels like the obvious way to serve documents, and when the conditions are met it is fast and effective. The trap is that the conditions are strict, and invalid service can be fatal where a limitation period is expiring.
Practice Direction 6A to CPR Part 6 permits electronic service only where the party to be served, or their solicitor, has previously indicated in writing a willingness to accept it and given the address for the purpose. An email address set out on a statement of case, or on a firm's notepaper stated to be for service, counts; a signature block or a history of correspondence by email does not. The serving party should also ask whether any limitations apply, such as document format or size. If in doubt, the safe rule has not changed: obtain written confirmation before sending, or serve by another permitted method as well.
For most documents, an email sent before 4.30pm on a business day is deemed served that day, and otherwise on the next business day. A claim form served by email is deemed served on the second business day after the step was completed. These deemed dates apply regardless of when the recipient opened the message, which is precisely why the rules demand consent first.
Where a defendant cannot be served conventionally, the court can order alternative service under CPR 6.15, and email is now one of the most commonly authorised methods, alongside messaging platforms in the right cases. Those orders are granted on evidence that the address reaches the defendant, which is where a professional server's attempts, enquiries and verification work earn their keep.
Divorce runs on different rules: the court itself serves the application on the respondent by email with a postal notice as the default, so consent is not the issue; non response is, and personal service is the usual cure.
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