Post Office Act 1969

Limitation of LiabilityU.K.

29 Exclusion of liability of the Post Office its officers and servants, in relation to posts and telecommunications.U.K.

(1)Save as provided by the next following section, no proceedings in tort shall lie against the Post Office in respect of any loss or damage suffered by any person by reason of—

(a)anything done or omitted to be done in relation to anything in the post or omission to carry out arrangements for the collection of anything to be conveyed by post;

(b)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

F2(d)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)No officer or servant of the Post Office or person who, not being such an officer or servant, is a sub-postmaster F3 shall be subject, except at the suit of the Post Office, to any civil liability for any loss or damage in the case of which liability of the Post Office therefor is excluded by the foregoing subsection [F4or any loss of, or damage to, a packet to which the next following section applies].

(3)No person engaged in or about the carriage of mail and no officer, servant, agent or sub-contractor of such person shall be subject except at the suit of the Post Office to any civil liability for any loss or damage in the case of which liability of the Post Office therefor is excluded by subsection (1) of this section [F4or any loss of, or damage to, a packet to which the next following section applies].

(4)In the application of subsection (1) above to Scotland, the reference to proceedings in tort shall be construed in the same way as in section 43(b) of the M1Crown Proceedings Act 1947.

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

(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 [F5packet to which this section applies] 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 purporting to perform such functions of his as aforesaid.

[F6(3)The amount recoverable in any proceedings under this section in relation to a packet of any description shall not exceed—

(a)the market value of the packet at the time when the cause of action arises; or

(b)the maximum amount payable under a scheme made under section 28 of this Act for compensating the person aggrieved in respect of a packet of that description;

and for the purposes of paragraph (a) above the market value of a packet shall not include the market value of any message or information which it bears or the market value of any item which, in relation to packets of that description, is excluded from the operation of this section by a scheme made under section 28 of this Act.]

(4)The Post Office shall not be liable under this section in respect of a packet [F7of any description] unless any such conditions as are required by a scheme under section 28 of this Act to be complied with in relation to [F8packets of that description at the time when they are posted] 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 subsection, would have been recoverable by some other person, the money or property so recovered shall be held on trust for that other person.

[F9(6A)For the purposes of this section a scheme made under section 28 of this Act may define a description of packet by reference to any circumstances whatever, including in particular the amount of any fee paid in respect of the packet in pursuance of the scheme.]

(7)In this section—

• “agent” includes an independent contractor;

• [F10“inland packet” means anything which is posted in the United Kingdom for delivery at a place in the United Kingdom to the person to whom it is addressed;]

• [F11“packet to which this section applies” means any inland packet in respect of which, in pursuance of a scheme made under section 28 of this Act, the Post Office accepts liability under this section;]

• “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 [F12packets to which this section applies];

and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.