header-logo header-logo

06 December 2013 / John De Waal KC
Issue: 7587 / Categories: Features , Property
printer mail-detail

Moving the goalposts

web_dewaal

John de Waal QC reports on an unsettling decision on the validity of contractual notices

Questions about the interpretation of, service of, or conditions attached to contractual notices have produced a great deal of litigation in recent years, particularly in the context of the operation of break clauses.

What appeared to be clear was the approach that the court should take when considering how to interpret a break clause or a break notice. The first question is whether the clause prescribes as an indispensable condition for its effective exercise that the notice must contain specific information. In such a case, the omission of that information invalidates the notice. As Lord Hoffmann put it in Mannai Investment Co Ltd v Eagle Star Life Assurance Co Ltd [1997] AC 749, if a clause requires an option notice to be given on pink paper it is not validly exercised by giving it on blue paper, no matter how clear the intention to exercise the option may be.

Therefore, a landlord seeking to argue that a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll