e Montfort Fine Art Ltd v Acre 1127 Ltd (in liquidation) (formerly known as Castle Galleries Ltd) (in liquidation) [2011] EWCA Civ 87, [2011] All ER (D) 111 (Feb)
A repudiating party had a defence to a claim in respect of that breach by the innocent party if he could establish that, at the time of the repudiation, the innocent party was already irremediably disabled from performance, provided that that inability to perform on the part of the innocent party was not itself attributable to the repudiatory breach. The same result had to follow if it could be shown not that the innocent party was disabled from performance but that he had no intention of performing.
