Crown Proceedings Act 1947

9 Liability in connection with postal packets.

(1) Subject as hereinafter provided, no proceedings in tort shall lie against the Crown for anything done or omitted to be done in relation to a postal packet by any person while employed as a servant or agent of the Crown, or for anything done or omitted to be done in relation to a telephonic communication by any person while so. employed; nor shall any officer of the Crown be subject, except at the suit of the Crown, to any civil liability for any of the matters aforesaid.

(2) Notwithstanding the provisions of section thirteen of the [8 Edw. 7. c. 48.] Post Office Act, 1908, proceedings shall lie against the Crown under this subsection in respect of loss of or damage to a registered inland postal packet, not being a telegram, in so far as the loss or damage is due to any wrongful act done or any neglect or default committed by a person employed as a servant or agent of the Crown while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet:

Provided that:—

(a) no proceedings shall he under this subsection in respect of any postal packet registered before the commencement of this Act;

(b) the amount recoverable in any proceedings under this subsection shall not exceed the market value of the packet in question (excluding the market value of any message or information which it bears) at the time when the cause of action arises;

(c) the amount recoverable in any such proceedings shall not in any event exceed the maximum amount which, under the Post Office Regulations, is available for compensating the persons aggrieved having regard to the fee paid in respect of the registration of the packet; and

(d) the Crown shall not be liable under this subsection in respect of any packet unless such conditions as are prescribed by Post Office Regulations in relation to registered inland postal packets have been complied with in relation to that packet.

For the purposes of any proceedings under this subsection, it shall be presumed, until the contrary is shown on behalf of the Crown, that the loss of or damage to the packet was due to some wrongful act done, or some neglect or default committed, by a person employed as a servant or agent of the Crown while performing or purporting to perform his functions as such in relation to the receipt, carriage, delivery or other dealing with the packet.

(3) No relief shall be available under subsection (2) of this section except upon a claim by the sender or the addressee of the packet in question ; and the sender or addressee of the packet shall be entitled to claim any relief available under the said subsection in respect of the packet, whether or not he is the person daninified by the injury complained of, and to give a good discharge in respect of all claims in respect of the packet under the said subsection :

Provided that where the court is satisfied, upon an application by any 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 the said subsection, the court may, upon such terms as to security for costs and otherwise as the court thinks just, allow that other person to bring proceedings under the said subsection in the name of the sender or the addressee of the packet.

Any reference in this subsection to the sender or addressee of the packet includes a reference to his personal representatives.

(4) Where by virtue of the last preceding subsection any 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 person.

(5) Post Office Regulations may be made for prescribing the conditions to be observed for the purposes of this section in relation to registered inland postal-packets.

(6) No claim for salvage shall lie against the Crown by virtue of section eight of this Act in respect of anything done to, or suffered in relation to, any postal packets while they are being carried by sea or by air.

(7) In this section :—

• The expression " postal packet " has, subject as hereinafter provided, the same meaning as in the Post Office Act, 1908, and accordingly includes a telegram ;

• The expression " Post Office Regulations " has the same meaning as in the Post Office Act, 1908;

• The expression " inland postal packet " means a postal packet which is posted in the United Kingdom, the Channel Islands or the Isle of Man for delivery, at any place in the United Kingdom, the Channel Islands or the Isle of Man, to the person to whom it is addressed.

• The expression " sender ", in relation to a postal packet, has such meaning as may be assigned to it by Post Office Regulations.

(8) Any reference in this section to a postal packet shall be construed as including a reference to the contents of such a packet.