FOCIS response to NHSLA panel solicitors proposal to serve letters and documents by 'secure ' electronic service methods

It is the position of the Forum Of Complex Injury Solicitors members not to accept service of any documents by the NHSLA or their panel solicitors purported new method.

Service of letters, documents, pleadings etc should continue as they were prior to 18th July 2011 by normal post, DX or Fax.

A brief synopsis of the reasons are set out below.

  • The process makes vast assumptions about the level of IT support that recipient firms have in place.
  • The system of encryption is complex ,encryption facilities require specialist software to be purchased and installed on both the sending and receiving computers Not all firms have such at this time.
  • It creates practical problems when you need to send email to someone involved in the case who does not have the necessary software installed on their computer, such as the client, counsel, an expert or the court.
  • Most firms have established systems to comply with relevant professional standards, to monitor incoming post. Whilst there are systems to monitor email traffic, this is often difficult to work when emails are sent direct to fee earners.
  • It causes an unnecessary and unacceptable burden upon us in terms of costs, admin, supervision and data protection.
  • This type of measure should be undertaken on a collaborative.

The full response is available to download:

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