||All England Reporter
|| All ER (D) 203 (May)
||Court of Appeal, Civil Division
Tuckey, Longmore and Toulson LJJ
||Michael O'Reilly, solicitor advocate, of Aide O'Reilly LLP for the claimant.
||Derek Sweeting QC and Steven Gray (instructed by Keeble Hawson) for the defendant.
||15 May 2008
Contract - Fundamental breach - Determination whether breach fundamental - Whether late payments amounting to repudiatory breach.
The judge had been entitled to conclude that the claimant had been in repudiatory breach of an agreement, in circumstances where the claimant had been persistently late in meeting payments owed to the defendant.
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