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Freetown Ltd v Assethold Ltd [2013] 1 WLR 7012

DATE: 14 Dec 2012

The Court of Appeal held that, when awards or notices are served by post under section 15(1)(b) of the Party Wall etc. Act 1996, the date of service is, not the date on which the document is dispatched into the post, but the date on which it is delivered (or deemed to be delivered).  That was on the ground that the rules about service by post contained in section 7 of the interpretation Act 1927 apply to documents sent by post under section 15(1)(b) of the Party Wall etc. Act 1996.  There is no “contrary intention” dis-applying section 7.  Rix LJ gave guidance, of more general application, concerning statutory provisions permitting notices and other documents to be “sent by post”.  In doing so, he cast doubt on the reasoning contained in the line of authorities on the interpretation of section 23 of the Landlord and Tenant Act 1927.

Tom Weekes acted for the successful appellant.