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13 May 2010
Issue: 7417 / Categories: Case law , Law digest
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Contract

Durham Tees Valley Airport Ltd v BMIBaby Ltd and another [2010] EWCA Civ 485, [2010] All ER (D) 57 (May)

In circumstances where the parties had entered into an agreement in which they had not specified to what extent their obligations should be performed, on the question of damages for breach of those obligations, the court had to conduct a factual inquiry as to how the contract would have been performed had it not been repudiated.

Its performance was the only counter-factual assumption in the exercise, on the basis of that premise, the court had to look at the relevant economic and other surrounding circumstances to decide on the level of performance which the defendant would have adopted.

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The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
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Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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