Tue Thur Fri Mon Sat
“let me know by next Saturday” Acceptance Telephone: Alice received deadline posted withdrew both messages
Appendix II – Precedent: Holwell Securities Ltd v Hughes (1974)
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL
CIVIL DIVISION
On appeal from Order of Mr Justice Templeman.
Royal Courts of Justice,
5th November 1973
B e f o r e :
LORD JUSTICE RUSSELL,
LORD JUSTICE BUCKLEY (Not present) and LORD JUSTICE LAWTON
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Between:
HOLWELL SECURITIES LIMITED
Plaintiffs,
-and-
THOMAS HILAIRE HUGHES
Defendant.
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(Transcript of the Shorthand Notes of The Association of Official Shorthandwriters, Ltd., Room 392, Royal Courts of Justice, and
2, New Square, Lincoln 's Inn, W.C.2).
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Mr W.A. MACPHERSON, Q.C. and Mr HUBERT PICARDA (instructed by Messrs Brecher & Co.) appeared on behalf of the Appellants (Plaintiffs).
Mr FRANK WHITWORTH, Q.C. and Mr ROGER ELLIS (instructed by Messrs Bulcraig & Davis) appeared on behalf of the Respondent (Defendant).
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HTML VERSION OF JUDGMENT
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Crown Copyright ©
LORD JUSTICE RUSSELL: This case is reposed below in 1973 1 Weekly Law Reports, 757* and for the purpose of the appeal from the decision of Mr Justice Templeman I need not rehearse the facts in detail.
It is not disputed that the plaintiffs ' solicitors ' letter dated 14th April addressed to the defendant at his residence and place of work, the house which was the subject of the option to purchase, was posted by ordinary post in a proper way, enclosing a copy of the letter of the same date delivered by hand to the defendant 's solicitors. It is not disputed that the letter and enclosure somehow went astray and never reached the house nor the
References: Cases Dunmore v Alexander [1830] 9 SH 190 Entores Ltd v Miles Far East Corporation [1955] 2 QB 327 Gibson v Manchester City Council [1979] UKHL 6 Household Fire Insurance Co v Grant (1879) 4 Ex D 216 Holwell Securities Ltd v Hughes [1974] 1 WLR 155, [1973] EWCA Civ 5, [1974] 1 All ER 161, [1974] WLR 155 Others Vanessa, S. (2010). An Introduction to Hong Kong Business Law. 4th Edition. Pearson Education South Asia Pte Ltd. Catharine, M. & Richard, S. (2012). Elements of the law of contract. University of London.