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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll