Freetown v Assethold Ltd

Freetown v Assethold Ltd

Section 7 of the Interpretation Act 1978 applies to section 15 of the Party Wall etc Act 1996. Service by post is effective when the award is received (or deemed received) by the addressee, not when posted. There is no contrary intention in section 15 to exclude section 7. The appeal was therefore in time.

Parties
Appellant/defendant: Freetown Limited; Respondent/claimant: Assethold Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal
Outcome
appeal allowed
Legal Topics
Service of Documents, Party Wall Disputes, Statutory Time Limits, Interpretation of Service Provisions
Property Law Statutory Interpretation Civil Procedure Service of Documents Party Wall Disputes Statutory Time Limits Interpretation of Service Provisions

Case Brief

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Parties

Freetown Limited

Appellant/defendant

Assethold Limited

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal

Legal Issues

  1. 1 Does section 7 of the Interpretation Act 1978 apply to section 15 of the Party Wall etc Act 1996 regarding service by post?
  2. 2 Is service of a party wall award effective upon posting or upon receipt under the Act?
  3. 3 Does the absence of reference to registered post in section 15 affect the timing of service?

Ratio Decidendi

Section 7 of the Interpretation Act 1978 applies to section 15 of the Party Wall etc Act 1996. Service by post is effective when the award is received (or deemed received) by the addressee, not when posted. There is no contrary intention in section 15 to exclude section 7. The appeal was therefore in time.

Court Disposition

appeal allowed

Orders

  • The appeal is allowed. The award was not served until received. The appellant’s appeal to the county court was in time.