Completion Notice in UK Law

Leading Cases
  • Woodar Investment Development Ltd v Wimpey Construction U.K. Ltd
    • House of Lords
    • 14 Febrero 1980

    Repudiation is a drastic conclusion which should only be held to arise in clear cases of a refusal, in a matter going to the root of the contract, to perform contractual obligations.

  • Midill (97PL) Ltd v Park Lane Estates Ltd and another
    • Court of Appeal (Civil Division)
    • 11 Noviembre 2008

    He had submitted that, in the absence of binding authority in this court, the issue of burden of proof should be decided by reference to “fairness, justice and common sense”. He relied on the general principle that “he who asserts must prove”. A completion notice under condition 6.8.1 contains an implied assertion by the giver that he is ready to complete, and accordingly, where that assertion is put in issue, it is for him to prove it.

    Under the applicable condition the right to serve a completion notice is given to a party “who is ready, able and willing to complete”. The service of such a notice can be said therefore to carry with it an implicit assertion to that effect. Although the judgment of Blackburne J in Aero Properties contains statements suggesting that the burden of proof lies on the recipient of the notice, there does not appear to have been any argument on that point, as a distinct issue of law.

  • British and Commonwealth Holdings Plc v Quadrex Holdings Inc.
    • Court of Appeal (Civil Division)
    • 23 Febrero 1989

    Why should a party who has not completed in compliance with the terms of a contract he has entered into, be entitled to yet longer time before he can be given notice to perform it?

  • Delta Vale Properties Ltd v Mills
    • Court of Appeal (Civil Division)
    • 08 Diciembre 1989

    I can, for my part, see no reason for drawing any such distinction. In my judgment, notices to complete served under Condition 23, if they are to be valid, must be sufficiently clear and unambiguous to leave a reasonable recipient in no reasonable doubt as to how and when they are intended to operate.

  • Senate Electrical Wholesalers Ltd v Alcatel Submarine Networks Ltd (formerly STC Submarine Systems Ltd)
    • Court of Appeal (Civil Division)
    • 22 Junio 1998

    Certainty is only achieved when the vendor is left in no reasonable doubt not only that a claim may be brought but of the particulars of the ground upon which the claim is to be based. Notice in writing is required in order to constitute the record which dispels the need for further argument and creates the certainty.

  • Buckland v Farmar & Moody
    • Court of Appeal (Civil Division)
    • 10 Febrero 1978

    In that case his conduct was not, in my judgment, such as to amount to a waiver of the strict requirements of the notice to complete. Accordingly, in my judgment the purchasers remained at 7th February and thereafter in default under the notice to complete, and there was no negligence on the part of Mr. Moody in failing to advise them otherwise.

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Legislation
  • Finance (No. 2) Act 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... a redundancy payment had been payable.(3) If the post-employment notice pay (see section 402D) in respect of the termination is greater than, or ... (1) Section 1217MA (restriction on use of losses before completion period) is amended as follows. . (2) In subsection (1) for ......
  • Finance Act 2019
    • UK Non-devolved
    • 1 de Enero de 2019
    ...... (b) (b) a requirement of a notice of surrender or of a revocation notice. . (2) “Reporting period”, ... of qualifying works, the building has, at or before the time of completion of the disposal, ceased to exist or become unsuitable for use as a ......
  • European Union (Withdrawal Agreement) Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ....... (5) Subsections (1) to (4) are repealed on IP completion day. . (6) In this Act— . “the implementation period” means the ... reporting period that the Joint Committee has been provided with notice under Article 169(1) of the withdrawal agreement (notice concerning the ......
  • Town and Country Planning (Scotland) Act 1997
    • UK Non-devolved
    • 1 de Enero de 1997
    ......planning authority under section 4. . . (b) provide for the notice to be given of, or the publicity to be. given to— . (i) matters included ...expiration of a specified period after— . (i) the completion of other development consisting of the winning and. working of minerals ......
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Books & Journal Articles
  • Heuristic-driven bias in property investment decision-making in South Africa
    • Núm. 34-1, Febrero 2016
    • Journal of Property Investment & Finance
    • 51-67
    Purpose: – The purpose of this paper is to determine whether anchoring and adjustment as heuristic-driven bias and herding behaviour influences listed property fund managers in South Africa’s prope...
    ......A questionnaire was finalised after completion of the pilot studyand was sent via e-mail to fund managers of all South ... that investors form developed and emerging economiestake notice of the highly volatile circumstances in which property fund managers in an ......
  • NOTES OF CASES
    • Núm. 44-1, Enero 1981
    • The Modern Law Review
    ...... ROBIN C. A. WHITE DAMAGES FOR DELAY IN COMPLETION A AGREES to buy a house from Z. A agrees to sell his ... Miles.' Completion notices are served along the line, 1 [1980] 2 W.L.R. 847 (H.L.). C. ......
  • Simulating MRP – A New Perspective for Training
    • Núm. 92-1, Enero 1992
    • Industrial Management & Data Systems
    • 7-13
    Traditional computer‐based material requirements planning (MRP) systems are usually implemented on large, mini‐computer systems. The MRP module is frequently one, albeit a central one, of a complex...
    ...... about any actions (planned order releases and expected completion" notices) which are recommended by the system for the current time period. \xE2"......
  • Forsyth and Another v. Blundell and Others1
    • Núm. 6-1, Marzo 1974
    • Federal Law Review
    ...... AND OTHERS 1 Mortgages- Power of Sale -Duties of Mortgagee- Notice of Pur- chaser- After Sale- Before Completion - Grounds for ......
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Law Firm Commentaries
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