Another q for litigators - do you just accept correspondence by email or

Do you think it's too easy for people to claim they sent stuff when they totally didn't?

By saying "oh I sent you an email ten days ago with a 9 day expiry for response but you didn't reply" but not actually having sent it. Maybe it got lost in the ether. Maybe the recipient lied about not getting it. WHO KNOWS.

You can't prove stuff was sent by post either.

Dodgy firms regularly claim they didn't receive something, or it got lost in the mailroom. A postage receipt or every courier delivery is not proof the intended recipient got it and opened it.

You can't prove what was in the envelope. Reminds me of a recent divorce case where the husband alleged he had sent application documents, and the wife alleged he had not sent the documents and had just put magazines in the envelope. The judge managed to locate a weighing scale, and the weight of the magazines was exactly the weight on the husband's postage receipts, so the judge sided with the wife! 

Clergs: "Why haven't you responded to my email of 3 weeks ago?"

Oppo: "I did. I sent you an email 10 days ago. Maybe it got lost in the ether."

Clergs: "I eschew email. From this day henceforth all correspondence will be by way of racing pigeon. Also, I will never love again."

Post is a pain in the erse and totally unreliable. Also, nobody believes a person who says they sent an email unless, in doing so, they have below forwarded an email they did - in fact - send.

In a large dispute which was heading for arbitration, we were shown an allegedly sent email on screen. I earned my fees by spotting that there was a type-o in the e-mail footer. I quickly compared with the footer of the guy, whom I had been corresponding with in the past. He was a Big4 partner so with standardized footers, probably generated by IT, and that's why I was surprised that he got his name wrong.

We let it through for the moment, confirmed with the alleged sender that he never sent it and brought it up again during the arbitration. It certainly helped winning it.

If it becomes necessary both the liar's server and the email provider's server will show that that no such email was sent.

It's probably easier to get away with saying 'I sent you a letter - did you not get it?'