| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 423 (Nov) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Potter LJ and Sir Martin Nourse |
| Representation | Peter Crampin QC and Alistair Craig (instructed by Alan Ross & Co) for the claimant. |
| Joseph Harper QC and Michael Daiches (instructed by Bennett Griffin & Partners, Worthing) for the defendant. | |
| Judgment Dates: | 29 November 2001 |
Catchwords
Contract - Repudiation - Implied repudiation - Repudiation implied from breach - Defendant demanding payment under interim payment clause - Defendant specifying neither amount of payment nor when payment due - Claimant failing to pay any sum forthwith - Judge holding failure by claimant amounting to repudiatory breach - Whether judge correct.
The Case
Where the defendant had demanded payment from the claimant under an interim payment clause in a contract, but had not indicated a specified sum due or specified a period in which that sum would be due, he could not treat as a repudiatory breach the failure of the claimant to make any payment forthwith.
Practice Areas
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