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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I KNOW THERE IS PRECEDENT IN LAW REGARDING THE POSTING OF A

Resolved Question:

I KNOW THERE IS PRECEDENT IN LAW REGARDING THE POSTING OF A LETTER, WHERE THE ONUS OF PROOF IS WITH THE RECEIVER TO ***** NOT RECEIVED IT. CAN YOU TELL ME THE CASE HISTORY REFERENCE PLEASE
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

This is called the Postal rule.

Basically, provided someone can prove that they have posted a letter and provided it’s not been returned, it is deemed served 2 days after posting excluding bank holidays and weekends. If it has not been returned, the onus is on the recipient to prove that it was not delivered. That is very difficult.

In English law, the Postal Service is deemed to be 100% reliable unless the recipient can prove the opposite.

Here is an article on the Rule.

https://en.wikipedia.org/wiki/Posting_rule

Can I clarify anything for you?

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Best wishes.

FES

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