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Litigation Letter

Filing by Fax

An amendment to CPR Practice Direction 5 provides that a party may file a document at court by sending it by facsimile. The relevant time will not be the time it is transmitted but the time at which it is disgorged from the court’s fax machine, which will be dependent upon such factors as whether the machine is switched on and stocked with paper. It remains the responsibility of the party to ensure that the document is delivered to the court in time. Where a document is filed by fax it is not necessary subsequently to send a hard copy.

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