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The Court of Appeal has warned of problems that can arise when applications and court orders are made via email, in the wake of a family case where a rapid online exchange led to a ‘wrong and unjust’ outcome.

Lord Justice Peter Jackson stressed that the same standards of procedural fairness must apply whatever form an application takes. ‘The fact that an application is made by email or decided without a hearing does not mean that it should receive less careful scrutiny. On the contrary, a judge considering an application on the papers must be alert to ensure that the rules and orders of the court have been followed and that the process is as procedurally fair as if the parties were present in person,’ he said.

Read the full article here: Law Gazette

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