Freetown v Assethold Ltd [2012] EWCA Civ 1657 (14 December 2012)

Freetown v Assethold Ltd [2012] EWCA Civ 1657 (14 December 2012)

Section 15 of the Party Wall etc Act 1996 does not disclose a contrary intention to exclude section 7 of the Interpretation Act 1978; therefore, service by post is effective on receipt (or deemed receipt), not posting.

Citation
[2012] EWCA Civ 1657
Parties
Appellant / Defendant: Freetown Limited; Respondent / Claimant: Assethold Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Appeal From Queen's Bench Division / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Service of Notices, Party Wall Etc Act 1996, Interpretation Act 1978, Appeal Deadlines
Property Law Civil Procedure Service of Notices Party Wall Etc Act 1996 Interpretation Act 1978 Appeal Deadlines

Case Brief

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Parties

Freetown Limited

Appellant / Defendant

Assethold Limited

Respondent / Claimant

Procedural Posture

Appeal From Queen's Bench Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether service of a Party Wall award under the Party Wall etc Act 1996 is effective on posting or receipt
  2. 2 Whether section 7 of the Interpretation Act 1978 applies to section 15 of the Party Wall etc Act 1996

Ratio Decidendi

Section 15 of the Party Wall etc Act 1996 does not disclose a contrary intention to exclude section 7 of the Interpretation Act 1978; therefore, service by post is effective on receipt (or deemed receipt), not posting.

Court Disposition

Appeal allowed

Orders

  • Award was served on Freetown on date of receipt, not posting
  • Freetown's appeal was in time