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C A Webber (Transport) Ltd v Railtrack plc

Series: Weekly Law Reports ; [2004] 1 WLR 320-339(21)Publication details: 2004Subject(s): Summary: [2003] EWCA Civ 1167, 15 July 2003. Appeal by claimant W against a county court decision on a preliminary issue concerning the validity of two s25 notices served under the Landlord and Tenant Act 1954. Notices were sent by recorded delivery but as the tenant W had an arrangement with the post office not to have post delivered on Saturdays, the notices were not received until Monday. "Held" that a notice under the Landlord and Tenant Act 1954 s25 sent by recorded delivery was deemed to have been served when posted rather than when received by the addressee. W's argument that such a construction of the Landlord and Tenant Act 1927 s23 was incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms Art 6 and First Protocol Art 1 was dismissed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67529 (Browse shelf(Opens below)) 1 Available 125301-1001

[2003] EWCA Civ 1167, 15 July 2003. Appeal by claimant W against a county court decision on a preliminary issue concerning the validity of two s25 notices served under the Landlord and Tenant Act 1954. Notices were sent by recorded delivery but as the tenant W had an arrangement with the post office not to have post delivered on Saturdays, the notices were not received until Monday. "Held" that a notice under the Landlord and Tenant Act 1954 s25 sent by recorded delivery was deemed to have been served when posted rather than when received by the addressee. W's argument that such a construction of the Landlord and Tenant Act 1927 s23 was incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms Art 6 and First Protocol Art 1 was dismissed.

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