Holwell Securities Ltd v Hughes

Holwell Securities Ltd v Hughes [1974] 1 WLR 155 is an English contract law case overriding the usual postal rule.

It contained a clause stipulating that there must be notice (here, receipt of the offer) in writing within six months in order to exercise the option.

The Court also suggested obiter dictum that the rule ought not to apply in cases where its application would produce manifest inconvenience and absurdity.

More broadly, the Court states that the rule does not apply if when looking at all the circumstances, it is apparent that the parties could not have intended a binding agreement until notice of acceptance was communicated to the offeror.

Russell LJ added that although the parties had had a telephone conversation, this did not constitute the requisite notice of acceptance as laid out in the offer.