header-logo header-logo

21st century service

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
Peter Kandler’s honorary KC marks long-overdue recognition of a man who helped prise open a closed legal world. In NLJ this week, Roger Smith, columnist and former director of JUSTICE, traces how Kandler founded the UK’s first law centre in 1970, challenging a profession that was largely seen as 'fixers for the rich and apologists for criminals'
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
back-to-top-scroll