Cases - Consignia plc v Russell Sealy
Record details
- Name
- Consignia plc v Russell Sealy
- Date
- (2002)
- Citation
- (unreported, CA)
- Legislation
- Keywords
- Party walls
- Summary
-
The Court of Appeal decided that, for employment tribunals, it was legitimate to adopt the approach in CPR 6.7 to service by first class post. Therefore, if a letter was sent by first class post, the court considered it would be legitimate to conclude that, in the ordinary course of post it would be delivered on the second day after it was posted (excluding Sundays, Bank Holidays, Christmas Day and Good Friday, being days when post is not normally delivered).
It is therefore possible that the courts would use the same approach to service under the 1996 Act. CPR Part 7 also gives guidance for personal service and service by delivering the document to or leaving it at a permanent address. In the case of personal service, the document is deemed to be served on that day except if served after 5pm on a business day or any time on a Saturday, Sunday or Bank Holiday. If a document is delivered or left at a permanent address, it is deemed to be served on the following day.