BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES
QUEEN'S BENCH DIVISION
7 Rolls Buildings
London EC4A 1NL
B e f o r e :
| (1) THE EUROPEAN UNION
(Represented by The European Investment Bank)
(2) THE EUROPEAN INVESTMENT BANK
|- and -
|THE SYRIAN ARAB REPUBLIC
1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP.
Telephone No: 020 7067 2900. Fax No: 020 7831 6864 DX 410 LDE
Allen & Overy LLP) appeared for the Claimants/Applicants.
The Defendant/Respondent did not appear and were not represented.
Crown Copyright ©
MR. JUSTICE TEARE :
"Any writ or other document required to be served for instituting proceedings against a State shall be served by being transmitted through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs of the State and service shall be deemed to have been effected when the writ or other document is received at the Ministry."
"Transmission must be given a meaning which is consonant with modern communication technology and commercial practice. I would hold that 'transmission' means the process from the moment that the document is despatched by the sender to a time when the complete document has been received into the recipient's faxed equipment. This may be a matter of seconds or even nano-seconds, it may be somewhat longer if the recipient's fax machine is busy or the document is longer. The fact that it may remain in the fax memory before being printed or read is to my mind irrelevant. Consequently I would respectfully differ from the judge and hold in this case that, in the absence of evidence to the contrary and assuming that the clock on the transmitter's fax machine was accurately set, the defence which consisted of two pages and probably a covering sheet was transmitted and served at about 9.42 am on 22 November."
"The four e-mails were sent today, 22nd September 2017, between 14.44 and 14.47 and at the time of this reply, 15.28, we have not received any messages back to say that the e-mails could not be delivered."