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16 February 2011
Issue: 7453 / Categories: Case law , Law digest
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Contract

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.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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