Q&As

Does service by courier satisfy a ‘by hand’ method of service under a notice clause?

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Published on LexisPSL on 14/01/2020

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Does service by courier satisfy a ‘by hand’ method of service under a notice clause?
  • Contractual definition
  • Absence of a contractual definition

We have assumed that service is pursuant to a notice clause in a commercial contract.

Contractual definition

Where a contract defines what a ‘by hand’ method of service means, this definition should be looked at for the meaning of delivery ‘by hand’.

Absence of a contractual definition

Where there is no contractual definition of a ‘by hand’ method of service, and in the absence of any indication to the contrary, a courier is generally regarded as satisfying a by hand service obligation. If this interpretation is challenged, the court will objectively construe the meaning of the term, having regard to the words used, the contract as a whole and the relevant factual background known to the parties at the time of contracting (Prenn v Simmonds, Investor Compensation Scheme v West Bromwich Building

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