When is a material breach "capable of remedy"?

A term is sometimes to be found in commercial contracts which entitles a party to terminate a contract in respect of a material breach where that breach has not been remedied within a particular time period. The Court of Appeal in Kulkarni v Gwent Holdings Ltd [2025] EWCA Civ 1206 held that the courts should take a practical rather than a technical approach when considering whether a breach has been remedied or is capable of being remedied. It is, however, important to note that the issue before the court was one that concerned the interpretation of a termination clause in a contract. A different approach is taken in the case of a repudiatory breach at common law where the law does not generally recognise any entitlement to cure or to remedy a repudiatory breach.