header-logo header-logo

Take notice

17 November 2011 / Janna Purdie
Issue: 7490 / Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Janna Purdie provides an update on notice clauses & supporting evidence

 

In SAAD Investments v Al Sanea [2011] EWHC 2584 (Comm), [2011] All ER (D) 199 (Oct), the commercial court has provided an insight into the way it will construe notice clauses and the supporting evidence required when making applications. 

The claimant (SICL), a company incorporated in Cayman Islands, was in official liquidation. The defendant (Mr Al Sanea) was a Saudi Arabian lived in Saudi Arabia. The parties entered into an agreement whereby Mr Al Sanea granted SICL a put option in relation to shares in a company. The King of Saudi Arabia had ordered Al Sanea to pay his own liabilities and those of his companies to Saudi creditors. In English proceedings, Al Sanea raised service issues while SICL sought a freezing order.

Service of the notice

The agreement required all notices served under it to be posted to a specific PO Box number. Walker J ruled that delivering the notice, to exercise the put option, to the post box provided
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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll