Agreement for lease – stage payments – late payment – right to terminate – time of the essence – repudiatory breach

Dominion Corporate Trustees Limited and others v Debenhams Properties Limited [2010] EWHC 1193 (Ch) Kitchen J (27 May 2010)

In this case the judge was required to consider whether time was of the essence for the payment of a sum of money and whether the prospective tenant was entitled to terminate the agreement on the ground that payment was tendered two days late.