Safe Speed Forums

When conducting civil litigation, does anyone know if you have to prove that the other party has recieved documentation, or do you only have to prove that you sent it?

Thanks

I think that it has to be served - which means delivered

Under the Post Office Act, 1st class, recorded and hand delivered mean you can be treated as if you had received the document.

I hope someone challenges this soon, what with 10% of first class mail going missing these days.


I have a related question though. We recently received a legal threat from another person's insurance company, stating that if they do not hear from our insurance company within 7 days they will be taking us to county court.

The letter is dated 6th april. The frank on the envelope is dated 10th apris, we received it on the 12th.

If they start court proceedings on the 13th, is the fact that we can prove they took 4-5 days to post the warning letter enough to get the case thrown out?

No. Notice of civil litigation is courteous but not legally required.

Does that mean someone can take you to court without you even knowing about it?

_________________
Driving fast is for a particular time and place, I can do it I just only do it occasionally because I am a gentleman.
- James May

Theoretically yes. However, you would get notice of the hearing from the courts, and the judge would take a dim view of any civil litigation if the plaintif (or whatever they call plaintifs these days) had not attempted to resolve the matter outside of the courts first.

Probably a standard letter. I would forward this to your insurers and get them to sort it out. I would take copy of letter and the franking date for your own records - along with everything else relating to whatever the incident. Could be they were waiting of your insurers to contact them - which would be their excuse for the delay. You could argue that should court proceedings be served - you were given insufficient time to sort this out with your insurer as a result of the delay. But best to just send the letter to your insurers and let them do what you are paying them for.

_________________
Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

[quote="Lum"]I hope someone challenges this soon, what with 10% of first class mail going missing these days.
quote]

Or dyslexic /visually impared contractors delivering mail on behalf of Royal Mail.

Example - i live at house xx , in a postcode area where the house number ascertains the full post code.
Over the past few years i have had lots of mail for xxx postcode delivered. Fair enough if the window had shielded the first x , but on many occasions the full number was visible. In these days of junk mail - do i
1) Bin it, un opened
2) try and see if it is addressec to xxx , before bining, even if this means opening.
3) if addressed to xxx, not xx , hand deliver.
4) - stick in postbox, stating "delivered to xx,postcode" - not known , knowing full well from inside info that Royal Mail will bin this ?

It could of course be a summons/ court letter.