Knight v Goulandris

Knight v Goulandris

Section 15 of the Party Wall etc Act 1996 is permissive, not exhaustive; service by means other than those specified is valid if it results in actual receipt by the intended recipient. The service of the third surveyor’s award by email, which was received and read by the respondent, constituted valid service for the purposes of section 10(17).

Parties
Appellant: Nicholas John Knight; Respondent: Basil Constantine Goulandris
Jurisdiction
England and Wales
Judgment Date
20 February 2018
Procedural Posture
Civil Appeal / Appeal From County Court (preliminary Issue on Statutory Interpretation)
Outcome
Appeal allowed
Legal Topics
Service of Documents, Statutory Interpretation, Party Wall Etc Act 1996, Electronic Communications
Civil Procedure Property Law Service of Documents Statutory Interpretation Party Wall Etc Act 1996 Electronic Communications

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Parties

Nicholas John Knight

Appellant

Basil Constantine Goulandris

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court (preliminary Issue on Statutory Interpretation)

Legal Issues

  1. 1 Whether service of a third surveyor’s award by email constituted valid service under section 15 of the Party Wall etc Act 1996 prior to the 2016 amendment
  2. 2 Whether section 15 of the Party Wall etc Act 1996 provides an exhaustive code for service or is permissive

Ratio Decidendi

Section 15 of the Party Wall etc Act 1996 is permissive, not exhaustive; service by means other than those specified is valid if it results in actual receipt by the intended recipient. The service of the third surveyor’s award by email, which was received and read by the respondent, constituted valid service for the purposes of section 10(17).

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the service of the award by email constituted valid service under section 15 of the Party Wall etc Act 1996.