header-logo header-logo

Service, please!

219534
Successful service of a notice is a deceptively difficult task: Taylor Briggs & Michael Ranson serve up a recent reminder from the courts
  • The Court of Appeal decision in Khan v D’Aubigny highlights the complexities of serving notices, and contains a number of useful points of interest.
  • These include the scope of s 7, Interpretation Act 1978, the meaning of the word ‘notice’, and the role of evidence in proving that a document has not, in fact, ever been received.
  • The judgment underscores the importance of clearly defining a ‘notice’ for the purposes of an agreement, and taking care when agreeing deemed service provisions.

The seemingly simple act of ‘serving a notice’ is a task which clients often believe is easy, but which most practitioners know can be fraught with difficulty. The recent Court of Appeal decision in Khan and another v D’Aubigny [2025] EWCA Civ 11 has once again forced practitioners to take a closer look at how notices are served, including certain important statutory provisions,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll