Letter of Demand in UK Law

Leading Cases
  • North Shore Ventures Ltd v Anstead Holdings Inc. and Others
    • Court of Appeal (Civil Division)
    • 18 Enero 2012

    The third step is to consider whether there is, as counsel for the Guarantors contends, a manifest error. A 'manifest error' was defined by Lewison J in IIG Capital llc v Van der Merwe [2007] EWHC 435 para 52 as one which is An issue arose as to whether the manifest error might appear from the calculation enclosed with the demand letter dated 30th May 2008 or whether it must appear on the face of the certificate.

    That statement was made in the context of his earlier conclusion that there had been no variation of the Loan Agreement. But I read it as clear justification for a conclusion that if there had been a variation then there was a manifest error. Given that I would hold that there was a variation enforceable in law, then it follows, as I would hold, that there is a manifest error on the face of the certificate.

    But even if there were on a strict legal view no "right to possession", for example, because the parties to the arrangement caused the documents to be held in a jurisdiction whose laws would preclude the physical possessor from handing them over to the party at whose behest he was truly acting, it would be open to the English court in such circumstances to find that as a matter of fact the documents were nevertheless within the control of that party within the meaning of CPR 31.8( 1). CPR 31.8(2) states that for the purpose of CPR 31.8(1) a party has or has had a document in his control if the case falls within paragraphs (a) to (c).

  • Maridive & Oil Services (SAE) and another v CNA Insurance Company (Europe) Ltd
    • Court of Appeal (Civil Division)
    • 25 Marzo 2002

  • Vossloh AG v Alpha Trains Ltd
    • Chancery Division
    • 05 Octubre 2010

    In one sense all contacts of guarantee (strictly so called) are contracts of indemnity (as indeed are many contracts of insurance) since, in its widest sense, an indemnity is an obligation imposed by operation of law or by agreement of the parties.

    The fact that the obligation to indemnify is primary and independent has the effect that the principle of co-extensiveness does not apply to a contract of indemnity. The indemnity not only shifts the burden of the principal's insolvency on to the indemnifier but it also safeguards the creditor against the possibility that his underlying transaction with the principal is void or unenforceable.

  • Anthony Leslie Hancock v Promontoria (Chestnut) Ltd
    • Court of Appeal (Civil Division)
    • 14 Julio 2020

    Since the process of construction requires the document as a whole to be considered, the starting point must always be that the entire document should be made available to the court, and any redactions to it on grounds of irrelevance should either be forbidden or, if permitted at all, convincingly justified and kept to an absolute minimum.

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Legislation
  • The Contracts for Difference (Electricity Supplier Obligations) Regulations 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ... ... contract” has the meaning given in Schedule 2 to the Act;“letter of credit” means a letter from a person which contains an irrevocable ... in favour of the CFD counterparty to be paid by that person on demand up to an amount stated in the letter;“mutualisation amount” and ... ...
  • Civil Procedure Act 1833
    • UK Non-devolved
    • 1 de Enero de 1833
    ... ... , any of the Parties to which are designated by the initial Letter or Letters or some Contraction of the Christian or first Name or Names, it ... Action depending in any of the said Superior Courts for any Debt or Demand in which the Sum sought to be recovered, and endorsed on the Writ of ... ...
  • Moneylenders Act 1927
    • UK Non-devolved
    • 1 de Enero de 1927
    ... ... circular, business letter, or other similar ... document which does not show— ... ) in such ... canvasser, or demand or receive directly or indirectly any ... sum or other valuable ... ...
  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ... ... thereof, such landlord or lessor shall and may, without any formal demand or re-entry, serve a writ in ejectment for the recovery of the demised ... ...
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Books & Journal Articles
  • Citizens' Peace Movement in the Soviet Baltic Republics
    • No. 23-2, June 1986
    • Journal of Peace Research
    • 0000
    A citizens' peace movement emerged in the Soviet Baltic republics in January 1980, when about 23 Lithuanians, Estonians, and Latvians signed an antiwar declaration in the wake of Soviet military in...
    ... ... }.v0{vertical-align:0.000000px;}.v1{vertical-align:5.760000px;}.ls5f{letter ... The demand for inclusion of the Baltic republics in the Nordic NWFZ was re-peated in ... ...
  • Rethinking Richardson: Sexual Harassment Damages in the #MeToo Era
    • No. 49-2, June 2021
    • Federal Law Review
    • 0000
    The 2014 judgment in Richardson v Oracle Corporation Australia Pty Ltd (‘Richardson’) had a seismic effect on workplace sexual harassment claims in Australia. Overnight, the ‘general range’ of dama...
    ... ... 000000,0.000000,1.622777,0,0);}.v0{vertical-align:0.000000px;}.lsaf{letter ... , for employment lawyers, it seems in recent times that no letter of demand iscomplete without reference to the Full Federal Courts judgment. Given ... ...
  • Supply demand.
    • No. 2009, November 2009
    • Financial Management (UK)
    • Hallock, Diren
    • Letter to the editor
  • Community Relations and the Trainee Administrator
    • No. 1-5, January 1980
    • Teaching Public Administration
    • 0000
    ... ... ,0.000000,0.472384,0,0);}.v0{vertical-align:0.000000px;}.ls1ef{letter ... concerns the acces-sibility of government and interest group demand articUlation through the CRC framework. Participation by groups in ... ...
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Law Firm Commentaries
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Forms
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