The Royal Mail appealed a grant of judicial review of the decision of the Post regulator not to penalise the company for its failure to meet its service conditions as regards enforcement of credit terms for bulk mail customers.
Held: The natural meaning of clause 20(b) of the statutory licence is that Royal Mail is not obliged to provide any compensation to bulk mail senders who are in default of credit terms, and was limited to those who had no reasonable excuse for default. The Royal Mail failed on the time issue but succeeded in its interpretation of the way of netting off payments against compensation for service failures.
Judges:
Laws LJ, Sedey LJ, Maurice Kay LJ
Citations:
[2007] EWCA Civ 167, Times 13-Apr-2007
Links:
Statutes:
Postal Services Act 2000 22, Postal Services Directive 97/67/EC 19
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Take-over Panel, ex parte Datafin PLC CA 1986
Amenability to judicial review
The issue of amenability to judicial review often requires an examination of the nature of the power under challenge as well as its source: ‘In all the reports it is possible to find enumerations of factors giving rise to the jurisdiction [of . .
Appeal from – Consumer Council for Postal Services (Postwatch), Regina (on the Application of) v Postal Services Commission and Another Admn 19-Dec-2005
Judicial review was granted of the decision of the respondent not to penalise Royal Mail (for which it was regulator) for its failure to meet its service standards. . .
Cited – Regina v Investors Compensation Scheme Ltd, ex Parte Bowden and Another HL 18-Jul-1995
A regulated firm, Fisher Prew-Smith, ran a scheme whereby elderly homeowners were persuaded to invest money in equity-linked funds by mortgaging their homes on terms that the interest would roll up unless and until the total mortgage debt reached a . .
Cited by:
Cited – Nzolameso v City of Westminster SC 2-Apr-2015
The court was asked ‘When is it lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living? ‘ The claimant said that on applying for housing she . .
Lists of cited by and citing cases may be incomplete.
Judicial Review
Updated: 10 July 2022; Ref: scu.249914