Service Of Notice: Some Postal Pitfalls

A recent decision in the Court of Session in Carmarthen Developments v. Samuel James Pennington examines at what point a notice can be deemed to be served and highlights how critical surrounding circumstances can be.

The Facts

In this case, the pursuers entered into contracts with the defender for the purchase of two plots of land. The contracts both contained a suspensive condition, which basically concerned getting satisfactory reports following a geotechnical survey, and outline planning permission. The pursuers had the unilateral right to waive the conditions or to declare them satisfied. They had to do so within 2 years, failing which, either party could back out of the contracts.