By fax

Kuenyehia and others v International Hospitals Group Ltd CA TLR 17 February

CPR rule 6.2 and paragraph 3.1(1) of the Practice Direction supplementing Part 6 effectively preclude service by fax unless the written consent of the person to be served is first obtained. The time limits in the CPR, especially with regard to service of the claim form where the limitation period might have expired, are to be strictly observed and extensions and other dispensations are to be sparingly accorded, especially when applied for after time has expired. Although there might be exceptional cases, prejudice was only relevant in such cases to assist a defendant where the court would otherwise think it right to dispense with service. Prejudice to the defendant was a reason for not dispensing with service, but the absence of prejudice could not usually, if ever, be a reason for dispensing with service. It requires an exceptional case before the court will exercise its powers to dispense with service under rule 6.9 where the time limit for service of the claim form in rule 7.5(2) has expired before service was effected in accordance with Part 6. The power was unlikely to be exercised except where the claimant had either made an ineffective attempt in time to serve by one of the methods permitted by rule 6.2, or had served in time in a manner which involved a minor departure from one of those permitted methods of service. Failure to obtain a party’s prior written confirmation that service of the claim form by fax was acceptable was more than a minor departure from the permitted method of service. Accordingly, service was out of time.