header-logo header-logo

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

Time to sit up & take notice

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll