Practice Direction (Q.B.D.: Postal Service)
| Jurisdiction | England & Wales |
| Date | 1985 |
| Year | 1985 |
| Court | Queen's Bench Division |
Practice - Postal facilities - Queen's Bench Division - First and second class mail - Service of documents - Documents other than originating process - Date delivery deemed effective -
With effect from 16 April 1985, the Practice Direction (Central Office: First and Second Class Mail) [
1. Under section 7 of the
2. To avoid uncertainty as to the date of service it will be taken (subject to proof to the contrary) that delivery in the ordinary course of post was effected: (a) in the case of first class mail, on the second working day after posting; (b) in the case of second class mail, on the fourth working day after posting. ‘Working days’ are Monday to Friday, excluding any Bank Holiday.
3. Affidavits of service shall state whether the document was despatched by first or second class mail. If this information is omitted it will be assumed that second class mail was used.
4. This direction is subject to the special provisions of
It is no longer safe to assume that letters posted by...
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Re Order 17, Rule 11 of the County Court Rules; Bannister v S.G.B. Plc and Others and other Cases
... ... new rules should not be introduced into litigation practice without being first submitted to a widespread and ... case on its own merits, at the core of which was service to justice. 7. The interests of justice required ... Rule 11, then it is always open to them to seek a direction for a separate trial and for pre-trial directions which are ... 321 Welply v Buhl (1877–8) 3 QBD 80 , Div Ct; ibid 253 ... 322 Whitehead v Avon ... ...
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Parsons
...another government department, and where there is no dispute or doubt as to the facts. I am aware of the contents of Practice Direction [1985] 1 WLR 489 which held that in the Queen's Bench Division of the High Court to avoid uncertainty as to the date of service in that division that date ......
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Consignia Plc v Sealy
...of first class mail of delivery on the second working day after posting. The explanatory note to that Practice Direction had noted (see [1985] 1 WLR 489): "It is no longer safe to assume that letters posted by first class mail will always be delivered on the following day. To reduce the nu......
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Thomas Banks Hamilton v Secretary of State for Business, Energy and Industrial Strategy
...the time when the letter containing it would be delivered in the ordinary course of post. Practice Direction (Q.B.D. – postal service) [1985] 1 WLR 489 provides that, in the case of first class mail, delivery in the ordinary course of post is deemed to be effected on the second working day......