REPUDIATORY BREACH AND WAIVER

Peregrine Systems Ltd v Steria Ltd [2005] EWCA Civ 239; [2005] All ER (D) 215 (Mar)

In Peregrine Systems Ltd v Steria Ltd [2005] EWCA Civ 239; [2005] All ER (D) 215 (Mar) the Court of Appeal, in concluding that the claimant had not been in breach of contract, emphasised that a party seeking to terminate a contract on the ground of the other party’s repudiatory breach of contract must prove (i) a breach of contract has been committed and (ii) that breach was repudiatory in nature. In relation to the submission that any breach had been waived, the Court of Appeal concluded that the judge had been entitled to find that the right to terminate in respect of any such breach had indeed been waived.