Postal Rule in UK Law

Leading Cases
  • Godwin v Swindon Borough Council
    • Court of Appeal (Civil Division)
    • 10 Oct 2001

    It seems to me that parties serving documents by these means are in a better position if the deemed date for service is certain than if it is open to challenge on factual grounds. This particularly applies to claimants wanting to serve a claim form at the very end of the period available to do so.

    In any other case, the court has a discretion under rule 13.3(1) to set the judgment aside or vary it. That is the obverse of the relevant part of rule 24.2 and may apply whenever the defendant received the claim form and particulars of claim.

  • Gough v Local Sunday Newspapers (North) Ltd and Another (No. 2); Field v Local Sunday Newspapers (North) Ltd (No.2)
    • Queen's Bench Division
    • 01 Mar 2002

    Mr Gough came to the conclusion that on balance an application could be made and that it could be made by the returning officer. It will be apparent from the findings which I earlier made as to the applicable electoral law that it is my view that Mr Gough reached the wrong answers on each of the above questions. But Mr Moloney rightly says that it does not necessarily follow that Mr Gough was negligent.

    Nor would a count pursuant to an order under rule 47 suffice to alter the result. If Mr Gough had thought the matter through, as he should have done, he would have recognised not only that a petition was necessary but also that, given a petition, there was nothing to be achieved by an application under rule 47.

  • Anderton v Clwyd County Council; Bryant v Pech and Another; Dorgan v Home Office; Chambers v Southern Domestic Electrical Services Ltd; Cummins v Shell International Manning Services Ltd
    • Court of Appeal (Civil Division)
    • 03 Jul 2002

    The rules employ a carefully and clearly defined concept of the "service" of a document, which focuses on the stated consequences of the sending of the document by the claimant, rather than on evidence of the time of its actual receipt by the defendant. The objective is to minimise the unnecessary uncertainties, expense and delays in satellite litigation involving factual disputes and statutory discretions on purely procedural points.

  • Knauf UK GmbH v British Gypsum Ltd and another
    • Court of Appeal (Civil Division)
    • 24 Oct 2001

    Nevertheless, it follows in our judgment that to use rule 6.8 as a means for turning the flank of those Conventions, when it is common ground that they do not permit service by a direct and speedy method such as post, is to subvert the Conventions which govern the service rule as between claimants in England and defendants in Germany.

  • Hodgson v Armstrong
    • Court of Appeal
    • 15 Nov 1966

    This Rule, in my judgment, does nothing more than afford a convenient alternative to personal attendance. It could not have been done on Saturday 17th by putting the document through the letter-box (if any) or handing it to the charwoman (if any) or pinning it to or pushing it under the front door. Nor could any of these actions have been effective if done by the solicitor on the afternoon of Thursday 15th April when he found the office closed and went away.

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Legislation
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ....... In the case of an unregistered company— . (f) its name; and . (g) the postal address of any principal place of business. . . . . Company other than one which is the subject of the proceedings . . In the case of a ......
  • Postal Services Act 2000 (Consequential Modifications No. 1) Order 2001
    • UK Non-devolved
    • January 01, 2001
    ...... Order of section 133 of that Act does not affect any changes made or having effect in accordance with that section in relation to trust deeds, rules, regulations or other instruments. . (4) The repeal by this Order of the words “or the Post Office” in section 157(5) of the Inheritance Tax Act ......
  • Postal Services Act 2011
    • UK Non-devolved
    • January 01, 2011
    ...... . (2) Any reference in this Part to amending the RMPP includes-. . . (a) amending the trust deed or rules of the RMPP or any other instrument relating to the constitution, management or operation of the RMPP, and. . . (b) amending any instrument ......
  • Electoral Fraud (Northern Ireland) Act 2002
    • UK Non-devolved
    • January 01, 2002
    ...... the modification in relation to voters with disabilities of certain rules about voting procedure in Northern Ireland; and for connected purposes. . ... . (a) rule 24 (postal ballot papers) is renumbered as paragraph (1). of that rule,. . . (b) ......
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Books & Journal Articles
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Law Firm Commentaries
  • Service Of Notice: Some Postal Pitfalls
    • Mondaq United Kingdom
    ......at 9am on Monday 22nd October. The reasons for this were: the. postal acceptance rule took effect from Friday 19th October 2007,. when the notices were placed in the first class mail; it was most. likely that the letter reached ......
  • Contract made in two places at once - a possibility under UK law
    • JD Supra United Kingdom
    The High Court of England and Wales has recently decided that a contract can, in principle, be made in two separate jurisdictions at the same time if the contract does not include choice of law and...
    ...... To recap the English law position on contract formation, the general rule is that a contract is made at the time and place where acceptance of the ... . The postal rule applies to delayed forms of communication, with acceptances being ......
  • Late Entry Into European Regional Phase
    • Mondaq UK
    ...... filing date or, if priority has been claimed, from the priority date (Rule 159(1) EPC). However, if this deadline is missed, remedies are available ... received or mislaid and, in many situations, may be returned by the postal services to the European Patent Office as undelivered. In cases where ......
  • VAT And Postal Costs
    • Mondaq United Kingdom
    ......This is due to the grocery store undertaking to deliver the shopping as part of the sale of the food items. The same rule applies for zero-rated packaged items where the supplier is also the person undertaking the postage of such items. Thus if the items packaged qualify ......
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