||All England Reporter
|| All ER (D) 73 (Oct)
|| EWHC 2123 (Comm)
||Queen's Bench Division (Commercial Court)
||David Mildon QC and O Segal (instructed by Fox Williams) for the claimant.
||William McCormick, Hefin Rees and AR Sinai (instructed by Carter-Ruck) for the defendant.
||7 October 2005
Contract - Agency agreement - Termination of agreement - Agreement for defendant to sell energy contracts on behalf of claimant supplier - Defendant ceasing to make sales - Claimant purporting to accept repudiatory breach - Whether claimant in breach of contract - Whether claimant entitled to accept defendant's breach.
The court ruled following a hearing on preliminary issues that the claimant gas and electricity supplier was not in breach of its agreement with its sales agent and was entitled to accept the defendant's repudiatory breach.
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