(1)Subject to subsection (3), no relief or remedy shall be available under section 91 in relation to a packet except upon a claim by the sender or the addressee of the packet.
(2)The sender or addressee concerned shall be entitled—
(a)to claim any relief or remedy available under this section whether or not he is the person who has suffered the loss or damage, and
(b)to give a good discharge in respect of all claims under this section in respect of the packet concerned.
(3)Where the court is satisfied, on 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 reliefs or remedies under this section, the court may, upon such terms as to security, caution, costs, expenses and otherwise as the court considers appropriate, allow that other person to bring proceedings under this section in the name of the sender or the addressee of the packet.
(4)Where, by virtue of subsection (2) or (3), a person recovers any money or property which, apart from that subsection, would have been recoverable by another person, the money or property so recovered shall be held on trust for that other person.
(5)The amount recoverable in any proceedings under section 91 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 89 for compensating the person aggrieved in respect of a packet of that description.
(6)For the purposes of subsection (5)(a) the market value of a packet shall not include the market value of—
(a)any message or information which it bears, or
(b)any item which, in relation to packets of that description, is excluded from the operation of this section by a scheme under section 89.
(7)For the purposes of any proceedings under section 91, it shall be presumed, unless the contrary is shown, that loss of, or damage to, the packet was due to such conduct as is mentioned in subsection (2) of that section.
(8)In this section—
“sender”, in relation to a packet, has such meaning as may be given to it by any provision of a scheme made under section 89 and relating to an inland packet to which section 91 applies,
and any reference in this section to the sender or addressee of a packet includes a reference to his personal representatives.
Modifications etc. (not altering text)
C1S. 92 applied (with modifications) (22.3.2001) by S.I. 2001/1148, art. 26 (with art. 34)
Commencement Information
I1S. 92 wholly in force at 26.3.2001; s. 92 not in force at Royal Assent see s. 130; s. 92 in force for specified purposes at 26.2.2001 by S.I. 2001/534, art. 2, Sch.; s. 92 in force in so far as not already in force at 26.3.2001 by S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42)