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