The High Court has overturned the decision of Master Gordon-Saker to set aside a Default Costs Certificate (DCC) on the basis that a Notice of Commencement served by email did not constitute proper service.

In Serbian Orthodox Church & Anor v Kesar & Co [2021] EWHC 1205 (QB) Bromley based Kesar & Co had failed to file Points of Dispute in time and Kesar & Co had argued that it had sent the NOC to an incorrect email address, though there was an automated forward to the other (correct) address. Master Gordon-Saker had accepted Kesar's argument that this was not valid service.

In overturning the decision Foxton J stated that under CPR 6.27 sufficient steps had been taken to effect service and that there was good reason for him to order that there had been good service, though 'an agreed mechanism for service'. The email address to which the NOC had been forwarded was one that was set up for the purpose of accepting electronic service.

More Info

The High Court has overturned the decision of Master Gordon-Saker to set aside a Default Costs Certificate (DCC) on the basis that a Notice of Commencement served by email did not constitute proper service.

In Serbian Orthodox Church & Anor v Kesar & Co [2021] EWHC 1205 (QB) Bromley based Kesar & Co had failed to file Points of Dispute in time and Kesar & Co had argued that it had sent the NOC to an incorrect email address, though there was an automated forward to the other (correct) address. Master Gordon-Saker had accepted Kesar's argument that this was not valid service.

In overturning the decision Foxton J stated that under CPR 6.27 sufficient steps had been taken to effect service and that there was good reason for him to order that there had been good service, though 'an agreed mechanism for service'. The email address to which the NOC had been forwarded was one that was set up for the purpose of accepting electronic service.

More Info