header-logo header-logo

Time to sit up & take notice

20 September 2013 / Daniel Gatty
Issue: 7576 / Categories: Features , Property
printer mail-detail
istock_000016582578medium

If someone fails to buy land by the agreed date, when can the other party terminate the contract? Daniel Gatty reports

Failure to complete a contract to purchase land by the agreed date does not usually entitle the innocent party to terminate the contract immediately. Generally, there will be an express requirement to serve a notice to complete first. Will the innocent party always be able to terminate after serving a notice to complete? And when can the innocent party terminate without serving a notice to complete? These were the issues considered in Urban I (Blonk Street) Ltd v Ayres [2013] EWCA Civ 816.

Mr and Mrs Ayres agreed to buy an apartment in the claimant’s development off-plan. The contract did not fix a completion date for the development. It provided that when the building of the apartment was finished the developer would give notice; completion of the purchase was to take place within 10 days of service of that notice. There was no long-stop date for completion, but

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
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 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
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
back-to-top-scroll