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The road to recovery

04 November 2010 / Joseph Ollech , Adam Rosenthal
Issue: 7440 / Categories: Features , Property
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Adam Rosenthal & Joseph Ollech report on elephant traps, technical gymnastics & compliance

In Woodar Investment Development Limited v Wimpey Construction UK Limited [1980] 1 WLR 277, a contract for the sale of development land contained a special condition entitling the purchaser to terminate the contract if, prior to the completion date, the property to be sold became subject to compulsory purchase by an acquiring authority. In due course, the purchasers gave such a notice. The vendors disputed it and it was found that the notice was invalid. However, the vendors then purported to accept the purchasers’ repudiatory breach of contract and sue for damages. The House of Lords (by a 3:2 majority) held that the purchasers, in serving an invalid notice of termination, were not manifesting the intention not to perform the contract and therefore the invalid notice of rescission was not, itself, a repudiatory breach of contract.

The principle that an attempt to terminate a contract, relying on the very terms of the contract, if found to be wrongful

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
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