header-logo header-logo

Moving the goalposts

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll