PREMA Court user email guidance
Under PREMA Pilot Scheme (Preston email Applications) the following types of applications (which where appropriate includes an appeal) may also be made by email, provided that all of the conditions listed below are satisfied:
- applications in the course of proceedings;
- applications for final orders by consent; and
- in county court cases: -
- appeal notices in respect of appeals from a district judge to a circuit judge; and
- applications for directions and extensions of time in connection with such appeals
The conditions are that: -
- the application is filed by a legal representative on behalf of the applicant;
- if the application is made on notice-
- all respondents to the application are acting by legal representatives; and
- the respondents' legal representatives have agreed to accept service by email and provided an email address in accordance with paragraph 3.3 of the practice direction supplementing Part 6; an
- the applicant wishes the court to deal with the application (or, in the case of an appeal, the question of permission to appeal) without a hearing.
The message must: -
- contain the name, telephone number and email address of the sender;
- give a brief description of the application in not more than 25 words;
- state whether the application is being made on notice or without notice;
- if the application is on notice: -
- confirm that the applicant's legal representative has served the application notice and any documents filed with it, and state when this was done; and
- give the name, telephone number and email address of the respondent's legal representative;
- confirm that: -
- the applicant's legal representative holds any necessary original documents (e.g. witness statements, statements of truth, draft of orders to be made by consent); and
- where necessary, that those documents have been signed, and by whom;
- briefly describe each attachment to the email; and
- identify any documents not attached to the email but already filed, to which the judge will need to refer when dealing with the application.
A template which can be used is located on the Preston site.
The attachments to the email: -
- must always include the application notice and a draft of the order sought; and
- should, if possible, include copies of any documents already filed, to which the judge will need to refer when dealing with the application.
In relation to appellant's notices, attention is drawn to paragraph 5.6 of the practice direction supplementing Part 52.
Any application made will attract the current fee, which must be paid in accordance with such terms as the court specifies. If a legal representative fails to comply with such terms, the court may prohibit them from making any further applications by email.
The Court will deal with applications as follows:
Any application filed by email will be deemed to be an application which the court is asked to consider without a hearing, pursuant to paragraph 2.3 of the practice direction supplementing Part 23.
- Applications without notice, and applications for consent orders:
An application without notice, or an application for a consent order, will be dealt with by a judge or a court officer under rule 40.6(2) as appropriate.
- Applications on notice:
An application on notice will be referred to a judge who will decide whether it is suitable to be dealt with without a hearing.
If the judge decides that the application is suitable to be dealt with without a hearing, he will give directions by email to both parties' legal representatives for the filing of evidence or taking of steps necessary for the determination of the application.
If the judge decides that a hearing is necessary, he will inform both parties' legal representative by email and direct the application to be taken out of the email procedure.