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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll