A seller's solicitor's covering letter that describes the enclosed composite document (comprising the warning statement attached to the contract) using the same description adopted by the buyer's solicitor satisfies the requirement in s 365(2)(c)(ii) of PAMDA to direct the buyer's agent's attention to the warning statement and the relevant contract. The direction need not separately or expressly refer to the warning statement; compliance is assessed objectively having regard to all the circumstances. Section 365(2)(c)(ii) does not require the 'clear statement' mandated by s 365(2)(a)(i) and (b)(i) for fax and electronic communications.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
2 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.