By fax

(1) Kuenyehia (Nutifafa) (2) Enyonam (Doris) (as Executors and Trustees of the Estate of Emmanuel Kwame Ashiagbor, deceased) (3) Lartisan Services Inc v International Hospitals Group Ltd [2006] EWCA Civ 21

The defendant appealed against the making of an order under CPR rule 6.9 dispensing with service of the claim form. The parties had corresponded by fax. The defendant’s solicitors were not instructed to accept service. On the last day for service prescribed by CPR rule 7.5 the claimants’ solicitors sent a copy of the claim form to the defendant’s solicitors by courier and faxed a copy of the claim form to the defendant’s legal department. The defendant contended that the claim form had not been properly served. On the claimants’ application the judge dispensed with service under CPR rule 6.9 in light of the faxing of the claim form to the defendant’s offices, on the basis that the failure to obtain D’s advance written consent to service of the claim form by fax was a comparatively minor departure from the requirements of CPR rule 6.2(1).