header-logo header-logo

Civil practice and procedure—Service—Meaning of “delivered personally”

10 July 2009
Issue: 7377 / Categories: Case law , Law reports
printer mail-detail

Primus Build Ltd v Pompey Centre Ltd and anor [2009] EWHC 1487 (TCC), [2009] All ER (D) 14 (Jul)

Queen’s Bench Division, Technology and Construction Court, Coulson J, 16 Jun 2009

The Technology and Construction Court has held that the use of the expression “delivered personally” in a contract rather than the well-known concept of “personal service” means actual delivery by an appropriate individual within one company to an appropriate individual within the other, the method of delivery not mattering.

Lynne McCafferty (instructed by Fenwick Elliott) for the claimant. Gideon Scott Holland (instructed by Sellar Property Group) for the defendant.

The parties entered into a contract in October 2007 for the claimant to provide construction management services to the defendant in relation to the construction of a hotel and office building. The dispute resolution clause provided that in the first instance disputes were to be referred to the senior representatives or members of the board of directors of the parties. If the dispute was not resolved it would be referred to adjudication. Clause 26 of the contract provided that service of notices

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll