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Get yourself noticed

The courts have made clear that when it comes to the details of contractual notices, parties need to get it right, explains Julian Acratopulo

12 May 2015

The notice provisions in
a contract are often as prickly as they are potentially pernicious. Prickly because of the need to comply precisely with the small print – as Lord Hoffman put it, ‘if the clause had said that the notice had to be on blue paper, it would have been no good serving a notice on pink paper, however clear it might have been that the tenant wanted to terminate the lease’ (Mannai Investment v Eagle Star Life Assurance [1997] AC 749). Potentially pernicious because the penalty for a petty error can be huge. To make matters worse, there is often pressure because of the tendency to leave notices to the last minute. Disputes about the validity of notices abound.

Means of service

In Greenclose Ltd v National Westminster Bank [2014] EWHC 1156 (Comm), the issue was whether an interest rate collar had been extended. Extension would h...

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