References: [1962] 2 QB 40, [1962] 1 All ER 30, [1962] WLR 157
Ratio: A notice of intended prosecution was sent to the defendant in connection with an allegation of driving without due care and attention. When the matter came before the court, the defendant argued that the prosecution had failed to meet the requirements of section 241. Following a car acident the defendant had been unconscious in hospital. Attempts to serve him with papers at hospital had failed, and a notice was sent by registered letter to his home. His wife received it, but she did not give it to him despite his having recovered sufficiently to have read it. The prosecutor appealed against a finding that he had not been served.
Held: The appeal succeeded. There had been good service since the wife was deemed to be authorised for this purpose.
Jurisdiction: England and Wales
This case is cited by:
- Cited – Beanby Estates Ltd v Egg Stores (Stamford Hill) Ltd ChD (Times 15-May-03, Gazette 03-Jul-03, [2003] 21 EG 190)
The landlord had served a notice under the 1954 Act. The tenant served a counter notice, but the question was whether he was late, or out of time.
Held: The combination of the various provisions meant that the landlord’s notice had irrevocably . . - Cited – Syed (Curtailment of Leave – Notice) India UTIAC (Bailii, [2013] UKUT 144 (IAC))
UTIAC (1) The Immigration (Notices) Regulations 2003 do not apply to a decision under the Immigration Act 1971, which is not an immigration decision within the meaning of section 82 of the Nationality, . .
(This list may be incomplete)
Last Update: 19 June 2017
Ref: 182413
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