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Sunday, 12 August 2012

Service of notice must be in accordance with contract

In Ener-G Holdings Plc v Hormell [2012] EWCA Civ 1059 (31 July 2012) the Court of Appeal had to consider whether notice had been given according to the terms of the contract. The argument arose because the outcome would determine whether subsequent proceedings had been issued in time or not. The facts of the case are interesting, but need not detain us here: the point is that the case clearly illustrates the importance of getting the "notices" clause, tucked away among the boilerplate clauses (and usually dismissed as such), right. Whatever the parties agree, they need to stick to, and both must make sure they understand clearly what the clause requires them to do.

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