One might be forgiven for thinking that if your contract provides for termination by giving notice by hand-delivery or post, that email and DX would do? Not so , as this recent case shows.

The contract between the parties provided for notices to be hand-delivered or sent by post or recorded delivery. Notice was given using email and the DX. The court held that notice had not been properly served, meaning that a warranty could not be enforced. 

The case? Hoe International Ltd v Anderson & Aykroyd [2016] CSOH 33

The lessons? When serving notice under a contract, get it right ! Follow the contract wording to the letter. 

Minor defects may not always invalidate the notice, if they would not confuse a reasonable recipient who knew the background (Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1999] AC 749 (HL)).  

But this does not save all defective notices. In Friends Life Ltd v Siemens Hearing Instruments Ltd [2014] EWCA Civ 382,  In this case, the contract required the notice to include a particular statement, which was omitted in the notice served. The Court of Appeal held that a valid notice must comply with the express requirement , so the notice served had no effect.