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ARTICLE · 14 NOVEMBER 2022

Are You Being Served?

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Parties serving notices must adhere to any contractual and/or statutory requirements that govern the service of the notice.

United KingdomReal Estate and Construction
Ben Barrison
Ben Barrison
Katya Churchill
Katya Churchill
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On 3 November 2022, The Court of Appeal published its decision in O G Thomas Amaethyddiath v Turner & Ors [2022] EWCA Civ 1446 which concerned a narrowing of the scope of the Mannai Principle, a rule that can be relied upon in certain circumstances to save a defective notice.

The decision highlights the potential pitfalls in relation to the service of notices and emphasises the importance of taking proper legal advice when serving notices to ensure compliance with service requirements.

Mannai Principle

Parties serving notices must adhere to any contractual and/or statutory requirements that govern the service of the notice. However, if a party has failed to comply with these requirements, there are circumstances in which they may be able to rely upon the Mannai principle established in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] UKHL 19.

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