Greenclose v National Westminster Bank plc: Difference between revisions

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{{fullanat2|isda|electronic messages|2002|Electronic messages|1992}}
{{fullanat2|isda|electronic messages|2002|Electronic messages|1992}}
A fine example of that old legal maxim ''[[anus matronae parvae malas leges faciunt]]'': Little old ladies (and, in this case, aggrieved Welsh hotel owners) make bad law, {{casenote|Greenclose|National Westminster Bank plc}} opines on the apparently harmless {{isdaprov|Notices}} Section (Section {{isdaprov|12}}) of the {{1992ma}}. In particular, it considers the meaning of “[[electronic messaging system]]” and, saucily, finds that it does not include [[email]].
A fine example of that old legal maxim ''[[anus matronae parvae malas leges faciunt]]'': Little old ladies (and, in this case, aggrieved Welsh hotel owners) make bad law, {{casenote|Greenclose|National Westminster Bank plc}} ([https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2014/1156.html&query=(title:(+greenclose+)) judgment]) opines on the apparently harmless {{isdaprov|Notices}} Section (Section {{isdaprov|12}}) of the {{1992ma}}. In particular, it considers the meaning of “[[electronic messaging system]]” and, saucily, finds that it does not include [[email]].


Let me say that again, in case you missed it: in the eyes of the common law, '''[[email]] does not count as an “[[electronic messaging system]]”'''.
Let me say that again, in case you missed it: in the eyes of the common law as articulated by [[Andrews J]], '''[[email]] does not count as an “[[electronic messaging system]]”'''.


===Facts===
===Facts===
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Questions that won’t be answered for now, as NatWest has not appealed the decision.
Questions that won’t be answered for now, as NatWest has not appealed the decision.
{{seealso}}
*[https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2014/1156.html&query=(title:(+greenclose+)) [[Andrews J]]’s Judgment]