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Post Office Act 1969

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This is the original version (as it was originally enacted).

30The Post Office to be subject to limited liability in respect of registered inland packets

(1)Subject to the provisions of this section, proceedings shall lie against the Post Office under this section, but not otherwise, in respect of loss of, or damage to, a registered inland packet in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by an officer, servant or agent of the Post Office while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet; but no proceedings shall lie under this section in relation to a packet unless begun within the period of twelve months beginning with the day on which the packet was posted.

(2)For the purposes of any proceedings under this section in relation to a packet it shall be presumed, until the contrary is shown, that loss of, or damage to, the packet was due to a wrongful act done, or neglect or default committed by, an officer, servant or agent of the Post Office while performing or purport-ting to perform such functions of his as aforesaid.

(3)The amount recoverable in any proceedings under this section in relation to a packet shall not exceed—

(a)the market value of the packet (excluding the market value of any message or information which it bears) at the time when the cause of action arises; or

(b)the maximum amount available under a scheme made under section 28 of this Act for compensating the persons aggrieved having regard to the fee paid in respect of the registration of the packet.

(4)The Post Office shall not be liable under this section in respect of a packet unless any such conditions as are required by a scheme under section 28 of this Act to be complied with in relation to registered inland packets have been complied with in the case of the packet.

(5)No relief shall be available under this section in relation to a packet except upon a claim by the sender or the addressee of the packet; and the sender or addressee of the packet shall be entitled to claim any relief available under this section in respect of the packet, whether or not he is the person damnified by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under this section: but where the court is satisfied, upon an application by a person who is not the sender or addressee of the packet, that the sender and the addressee are unable or unwilling to enforce their remedies in respect of the packet under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court thinks just, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.

(6)Where, by virtue of the last foregoing subsection, a person recovers any money or property which, apart from that sub' section, would have been recoverable by some other person, the money or property so recovered shall be held on trust for that other person.

(7)In this section—

  • " agent " includes an independent contractor ;

  • " inland packet" means anything which is posted in the British Islands for delivery at a place in those Islands to the person to whom it is addressed ;

  • " sender ", in relation to a packet, has such meaning as may be assigned to it by any provision of a scheme made under section 28 of this Act, being a provision relating to registered inland packets ; and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.

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