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On appeal from: [2017] EWCA Civ 430

This appeal considered the validity of the service of a completion notice under the Local Government Finance Act 1988, Sch 4A by the appellant on the respondent.

The Supreme Court unanimously allowed the appeal. The Court held that the completion notice was validly served on the date it was received by UKI. Although it was not delivered directly but passed through the hands of Eco’s receptionist, it was nonetheless the case that the council caused the notice to be received by UKI. This was because, upon receipt, the receptionist scanned and emailed a copy of the notice to UKI. The Court finally considered that before the enactment of the Electronic Communications Act 2000, the state of the law was such that service by fax was valid. It concluded that there is no good reason for distinguishing transmission by fax from transmission by email as in this case.

For judgment, please download: [2018] UKSC 67
For Court’s Press Summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII

To watch the hearing, please visit: Supreme Court Website (6 Nov 2018 morning session) (6 Nov 2018 afternoon session)