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Up the Telford Creekside

27 September 2013 / Siobhan Jones
Issue: 7577 / Categories: Features , Property
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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).

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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