Condition Subsequent in UK Law

Leading Cases
  • The Hollandia (Haico Holwerde, Morviken)
    • House of Lords
    • 25 Nov 1982

    My Lords, it is, in my view, most consistent with the achievement of the purpose of the 1971 Act that the time at which to ascertain whether a choice of forum clause will have an effect that is proscribed by Article III rule 8 should be when the condition subsequent is fulfilled and the carrier seeks to bring the clause into operation and to rely upon it.

  • Legal and General Assurance Society Ltd v Drake Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 20 Dec 1991

    But when I say potentially liable, there is a sharp distinction between steps required to enforce a valid claim under a policy in force at the time of the loss, and a claim which never was valid, and never could be enforced. Thus if B has a good defence to the assured's claim on the basis of misrepresentation or non-disclosure, there is no double insurance. Since the effect of the defence is that the contract is avoided ab initio, it is as if B had never been on risk at all.

    It is often said that, though the right to contribution is founded in equity, yet it may be varied or excluded by contract. As long ago as 1641, in Swain v. Wall 1 Rep. Ch. 149 it was held that the right of contribution could be modified by contract between the co-obligors. But a provision requiring the assured to give notice of claim does not, in my opinion, modify or exclude the equitable right to contribution in the same sense.

  • Total Gas Marketing Ltd v Arco British Ltd
    • House of Lords
    • 20 May 1998

    I agree with Mr. Pollock that is important to keep promissory and contingent conditions separate but in my opinion there is a common factor. If the provision in an agreement is of fundamental importance then the result either of a failure to perform it (if it is promissory) or of the event not happening or the act not being done (if it is a contingent condition or a condition precedent or a condition subsequent) may be that the contract either never comes into being or terminates.

  • Fawcett Properties Ltd v Buckingham County Council
    • House of Lords
    • 26 Oct 1960

    For I am of opinion that a planning condition is only void for uncertainty if it can be given no meaning or no sensible or ascertainable meaning, and not merely because it is ambiguous or leads to absurd results. It is the daily task of the courts to resolve ambiguities of language and to choose between them; and to construe words so as to avoid absurdities or to put up with them. And this applies to conditions in planning permissions as well as to other documents.

  • Clayton v Ramsden
    • House of Lords
    • 04 Dec 1942

    It is this uncertainty of degree which prevents the divesting event from being seen precisely and distinctly from the beginning, and which makes this condition void for uncertainty. The uncertainty attaching to the requirement of Jewish parentage avoids the whole condition subsequent, with the result that no defeasance takes place.

  • Kent County Council v Kenworthy; Kingsway Investments (Kent) Ltd v Kent County Council
    • House of Lords
    • 16 Dec 1969

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Legislation
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • January 01, 2015
    ...... Parole Board direction), for "If either or both of those conditions are met" substitute "In any other case". S-5 . Minor amendments 5 Minor ... in subsection (4)(b)(ii) in the licence, either on release or subsequently, or. . . (b) vary or cancel any such condition included in the licence,. ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... . In Article 8(1) of the GDPR (conditions applicable to child’s consent in relation to information society ... (b) (b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of ......
  • Corporate Insolvency and Governance Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... of the court under subsection (1) may be given subject to conditions. . (5) Subsection (1)(c)(iii) is subject to section A23(1). . (6) In ... (b) (b) the company subsequently enters administration, or a voluntary arrangement subsequently has effect ......
  • Finance Act 2014
    • UK Non-devolved
    • January 01, 2014
    ...... subsections (3) to (8) have effect for the tax year 2015-16 and subsequent tax years. S-3 . The starting rate for savings and the savings rate ... of the appropriate percentage of the transferable amount if the conditions in subsection (2) are met. . . (2) The conditions are that-. . (a) the ......
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Books & Journal Articles
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Law Firm Commentaries
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