bowbeck
Tue, 6 Jan 2009 - 03:53
Hi,
New user here (so apologies for any stupidity)- undergoing very similar problems to the case above hence haven't started new thread....
Is there any known case law (i.e. providing precedent) whereby the word of a "credible witness" under oath was deemed sufficient rebuttal to the presumption of service that a NIP posted first class arrived in time?
Thanks!
The Rookie
Tue, 6 Jan 2009 - 12:08
I'm not sure if there is case law (I presume so) but there have certainly been lots of cases where its accepted.
In this case it will be 'balance o probabilities' that is used and as long as a witness gives credable evidence, that should be sufficient.
It would help if you could complete the NIP wizard and have the output added to the thread so we have all the info we need.
Simon