header-logo header-logo

Up the Telford Creekside

27 September 2013 / Siobhan Jones
Issue: 7577 / Categories: Features , Property
printer mail-detail
istock_000013007379medium

The law on repudiation has been given welcome clarification, as Siobhan Jones reports

The remedy of repudiation entitles an innocent party to a contract to treat itself as discharged from its obligations under the contract (and the contract as terminated) in circumstances where the defaulting party is in breach. To effect a repudiation and terminate the contract the innocent party must elect to “accept” the repudiatory breach. If the innocent party instead elects to affirm the contract, the contract will not be terminated and the obligations under it will continue.

Questions have abounded as to whether a repudiatory breach can be “cured” (thus depriving the innocent party of the remedy), the distinction between actual and anticipated breaches, and the date on which an assessment of breach is to be made. These questions were neatly dealt with by the Court of Appeal in Telford Homes (Creekside) Limited v Ampurius Nu Homes Holdings Limited [2013] EWCA Civ 577; [2013] All ER (D) 305 (May).

The law

One of the most important authorities in this

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll