Quick updates for those involved in disputes
It is common for commercial contracts to include clauses governing how notices of claims may be served and setting out a date by which they must be served after which they cannot be brought. These sometimes reproduce the methods of service set out in the Civil Procedure Rules (CPR).
In Tate & Lyle Sugars Ltd v Tate & Lyle Industries Ltd, the court had to decide the meaning of a claims commencement clause, within a share/business purchase agreement, which would determine whether or not a claim form had been served in time. In this case, where there was no specific reference to the CPR, the issue was whether the word ‘served’ within the agreement meant service under the CPR, and, if so, whether CPR 7.5 or CPR 6.14 applied.
Last year, the decision in Ageas (UK) Ltd v Kwik Fit (GB) Ltd, the judge held that in the context of wording materially identical to that in Tate & Lyle the word ‘serving’ should be given its natural and ordinary meaning, which he considered to be delivery in a form that brings the contents of the document being served to the attention of the intended recipient. He also said, obiter, that if that analysis was wrong, and the CPR had been imported into the agreement by implication, then the appropriate CPR rule to determine the date of service would have been CPR 7.5 and not CPR 6.14…
Click on the link below to read the rest of the Addleshaw Goddard briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
The Court of Appeal in Versloot Dredging BV v HDI Gerling Industrie Versicherang AG has made it clear that where an insured uses a ‘fraudulent device’, it will forfeit the entire claim.
Up to Date: shared parental leave — our detailed guide to the new system; making sense of holiday pay; and more
Addleshaw Goddard has released the November 2014 edition of its Up-to-Date publication on employment law and developments.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?