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27 September 2013 / Siobhan Jones
Issue: 7577 / Categories: Features , Property
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Up the Telford Creekside

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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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