Consignia cannot enforce its privilege
CHANCERY DIVISION. Published January 24, 2002. Consignia plc v Hays plc and Another
Consignia plc, formerly the Post Office, had no civil right to claim damages for infringement of its exclusive privilege to distribute mail.
Mr Justice Jacob so held in the Chancery Division on December 11, 2001 finding in favour of Hays plc and Hays Commercial Services Ltd, the defendants, on an application for the determination of a point of law on their strike-out application against Consignia plc, the claimant.
Consignia was seeking damages from the defendants for distributing post contrary to their exclusive privilege under section 66 of the British Telecommunications Act 1981.
HIS LORDSHIP said that there was no legislative provision enabling Consignia to pursue a civil claim to protect its exclusive privilege.
Nor could Consignia rely on the first of Lord Diplock’s exceptions in Lonrho Ltd v Shell Petroleum Co Ltd (No 2) ((1982) AC 173) to displace the presumption that where an Act enforced the performance of an obligation in a specific manner that performance could not be enforced in any other manner.
That was because the 1981 Act created a complete code. Parliament had specifically addressed the issue of remedies in that Act and its antecedants, and the legislation granted an exclusive privilege and not an exclusive right.
A privilege did not give rise to an entitlement on the part of those enjoying the privilege to exclude anyone else from the privilege. It was up to others to do so.
(c) Times Newspapers Ltd, 2002
