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Thursday, 11 January 2018

Can I serve proceedings via e-mail/Can I make an application to the Court without notice to my opponent


If you need to make an application (an N244) to the Court on notice to your opponent the normal cost is £255. However, depending upon the type of application you want to make, you may be able to save yourself £155.00.
I was asked this week if service of proceedings could be made via e-mail, IT CAN but you have to make an application to the Court for leave of a Judge to do this, and this application can be made without notice to your prospective opponent. in the event that they are refusing to provide you with an address or have moved and have not informed you of their whereabouts.
When making an application without notice (without telling the your opponent that you are making an application to the Court) The Courts have stated that you have to give:-
i) a balanced, fair and particularised account of the events leading up to the application and thus of the matters upon which it is based. In many cases this should include a brief account of what the applicant thinks the respondent's case is, or is likely to be,
ii) where available and appropriate, independent evidence,
This is one of those instances where you can make an application without notice. (and at this time because Court fees regularly increase) the fee to be sent with the application is only £100.00.

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