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Series: Estates Gazette ; (0310) 8 March 2003, 162(1)Publication details: 2003Subject(s): Summary: In "Trafford MBC v Total Fitness (UK) Ltd" ([2002] EWCA Civ 1513, [2003] 2 P&CR 8-23(17) the CA held that when deciding whether a notice is valid the reasonable recipient test as laid down in "Mannai Investment Co Ltd v Eagle Star Life Assurance Co UK" (HL Abs57166) must first be applied to decide what the notice means. Only if, as a result of that process, an ambiguity or defect remains, does it become necessary to consider whether the notice complies with any mandatory, statutory or contractual requirements. The notice in this instance was found to be valid (see also WB3808-23, WB3809-23, WB3810-19 and WB3811-24).| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS66615 (Browse shelf(Opens below)) | 1 | Available | 122095-1001 |
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In "Trafford MBC v Total Fitness (UK) Ltd" ([2002] EWCA Civ 1513, [2003] 2 P&CR 8-23(17) the CA held that when deciding whether a notice is valid the reasonable recipient test as laid down in "Mannai Investment Co Ltd v Eagle Star Life Assurance Co UK" (HL Abs57166) must first be applied to decide what the notice means. Only if, as a result of that process, an ambiguity or defect remains, does it become necessary to consider whether the notice complies with any mandatory, statutory or contractual requirements. The notice in this instance was found to be valid (see also WB3808-23, WB3809-23, WB3810-19 and WB3811-24).