header-logo header-logo

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

Take notice

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
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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll