Snail mail out, email in: CPRC pushes for modernisation of electronic service

Since the growing use of email in a legal practice, electronic service of documents has been a valuable tool in a lawyer’s toolkit. However, many individuals and practitioners fall foul of serving documents electronically without first obtaining the other party in proceedings. The Civil Procedure Rule Committee (the “CPRC”) have recently proposed amendments to the Civil Procedure Rules (the “CPR”) which may finally see electronic service become the “norm” in the 21^st century, over snail mail.

Current rules for legal document service: Postal vs. email

Currently, unless an order for alternative service is obtained under CPR 6.15; parties wishing to serve documents electronically, such as by email, must first seek the other party’s agreement prior to doing so.

Failure to obtain the agreement of electronic service may result in the receiving party claiming that they did not consent to accept electronic service. As a result, this could lead to missed court deadlines and even the striking out of a claim for improper service.

In some cases, parties can currently outright refuse to accept service electronically, whether unreasonable or not. This can be frustrating in an age where email is widely accessible and can cause unnecessary costs and delays.

Proposed CPRC changes to electronic service of legal documents

In July 2025, the CPRC has proposed modernising the rules surrounding electronic service of service by amending the CPR.

Under the proposed changes, parties who have engaged in electronic communication prior to the commencement of court proceedings would be automatically deemed to accept service by electronic means.

The CPRC is currently consulting on two key amendments, being:

1. “Requiring those legal representatives who have confirmed that they are authorised to accept service on their client’s behalf to accept service by electronic means without the need for further confirmation of their consent to that method of service”; and

2. “The removal of the reference in the rules to service by fax as the primary method of electronic communication. In light of the proliferation of e-mail, the CPRC considers this outdated.”

Key considerations and challenges of switching to email service

The CPRC has acknowledged potential issues with the proposed changes. For example, unrepresented parties may only have limited digital access, making it difficult to download large documents or access hosting platforms.

Legal representatives may also face challenges is their involvement was limited to pre-action advice and correspondence. In such cases, legal representatives could be burdened with the responsibility of accepting service on behalf of former clients.

Additionally, concerns have been raised about documents being served to email addresses that are not regularly monitored. To address this, the CPRC proposed prioritising the use of email addresses specifically designated by the practitioner.

The CPRC have advised that they will continue to consider the modernisation of current service rules.

How to participate in the CPRC consultation on electronic service

The CPRC has now entered into a consultation process for the proposed amendments to CPR 6 and Practice Direction 6A, as well as inviting broader views on how service could be further modernised. The consultation is open until 12 September 2025.

Get in touch with our team today

The CPRC’s proposed changes could transform how legal documents are served, making email the default and phasing out outdated methods. If you need guidance on how these changes might affect your practice or cases, get in touch with our Dispute Resolution team today, our experts are on hand to help you navigate the transition with confidence.