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Inconsistent contract terms
In Alexander (as representative of the ‘Property 118 Action Group’) v West Bromwich Mortgage Company Ltd [2016] EWCA Civ 496, the Court of Appeal held that, at least in the case where a contract contains a term which deals with the possibility that..
Online Published Date:
21 July 2016
Appeared in issue:
Vol 33 No 07 - 21 July 2016
Payment notice served too late
In Bouygues (UK) Ltd v Febrey Structures Ltd [2016] EWHC 1333 (TCC) Mr Jonathan Acton Davis QC, sitting as a Deputy High Court Judge, held that the claimant had failed to serve a payment notice in time with the consequence that the payment notice..
Online Published Date:
21 July 2016
Appeared in issue:
Vol 33 No 07 - 21 July 2016
Claimant denied summary judgment in claim for payment
In PM Project Services Ltd v Dairy Crest Ltd [2016] EWHC 1235 (TCC) Edwards-Stuart J held that the claimant was not entitled to summary judgment in respect of its claim for payment under an invoice. The defendant was held to have a real prospect of..
Online Published Date:
21 July 2016
Appeared in issue:
Vol 33 No 07 - 21 July 2016
Formalities and contracts for the sale of land
In Marlbray Ltd v Laditi [2016] EWCA 476 the Court of Appeal held that a valid contract, which satisfied the requirements of s2 of the Law of Property (Miscellaneous Provisions) Act 1989, had been concluded for the sale of property between the..
Online Published Date:
21 July 2016
Appeared in issue:
Vol 33 No 07 - 21 July 2016
Did notice requirement apply to common law right to terminate?
In Vinergy International (PVT) Ltd v Richmond Mercantile Ltd FZC [2016] EWHC 525 (Comm) Teare J held that a notice provision in a contract, which required a contracting party to give to the party in breach 20 days in which to remedy the breach, did..
Online Published Date:
21 July 2016
Appeared in issue:
Vol 33 No 07 - 21 July 2016