header-logo header-logo

17 May 2007 / Ian Mann
Issue: 7273 / Categories: Features , Procedure & practice
printer mail-detail

21st century service

Courts are prepared to use more imaginative ways to access and share information, says Ian Mann

In Rockall v DEFRA [2007] EWHC 614 (Admin), [2007] All ER (D) 358 (Mar) the Divisional Court was asked to decide two fundamentally important issues about when proceedings for regulatory offences are as a matter of law “instituted” in the  magistrates’ court.

The resolution of these issues affects the way in which magistrates’ courts accept the initiating process for all prosecutions and when time stops in relation to limitation. Interestingly, the case has potentially signalled the green light for the future imaginative use of systems of electronic service and even joint electronic access to remote servers to be effected without the need for further procedural rules.

FAX SERVICE

The first issue was whether or not service of an information commencing regulatory proceedings by the Department for Environment, Food and Rural Affairs (DEFRA) pursuant to the Forestry Act 1967 (FoA 1967) could be lawfully served by fax. The appellant contended that in the absence of detailed provision for service

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Sanctions can derail commercial disputes long before judgment, making early planning essential
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
back-to-top-scroll