Civil Procedure Rule Committee proposes barring solicitors from rejecting email service without a reason
The Civil Procedure Rule Committee (CPRC) has proposed barring solicitors from “unreasonably” refusing service of legal documents by email, in a landmark move to modernise litigation processes. The draft rule change is now open for consultation, marking a significant step towards aligning legal services with modern communication habits.
The reform is part of a broader review into the modernisation of service procedures. Solicitors and judges have long criticised the current rules as outdated and unnecessarily cumbersome, especially in cases where parties already communicate electronically before or during legal proceedings.
At present, email service is permitted under the Civil Procedure Rules (CPR), but only with the express consent of the party being served, unless a court grants an order for alternative service under CPR 6.15. The consultation document highlights that this technicality has led to costly delays and even cases being barred where service by email was attempted in good faith but later found to be invalid.
In particular, the CPRC noted instances where parties had communicated for weeks via email, only for solicitors to later reject service through the same channel, resulting in missed deadlines and procedural complications.
“More commonly,” the committee observed, “parties find themselves put to additional expense and delay by parties or their solicitors unreasonably refusing to accept electronic service even though they may have been communicating in that manner for some time.”
Embed from Getty ImagesWhile the committee considered granting automatic permission for electronic service when parties have already used email pre-action, they acknowledged the complications involved. For unrepresented parties, digital access may be limited, making it difficult to download large files or access third-party file hosting platforms.
Even when legal representatives are involved, their role may be confined to providing early advice or drafting pre-action correspondence. In such cases, making them responsible for forwarding official documents could be onerous, especially for those offering pro bono help.
The CPRC’s solution proposes a targeted rule change: if a legal representative has confirmed they are authorised to accept service on their client’s behalf, they must accept service by email without requiring separate consent. This rule would only apply where authorisation has been formally acknowledged.
Additionally, the committee is seeking to remove the long-standing reference to fax as the primary method of electronic communication. “Fax is now outdated,” it declared, reflecting the near-total disappearance of fax machines from legal and business environments.
The CPRC is inviting further ideas and feedback on its wider modernisation project, signalling a future overhaul of procedural rules to accommodate evolving communication technologies. If adopted, the proposed changes could cut legal costs, prevent unnecessary disputes over service methods, and help modernise civil litigation in line with digital expectations.
The consultation is open until later this year. Any changes would likely come into effect in 2026 following ministerial approval.
