Material Breach in UK Law

Leading Cases
  • Fitzroy House Epworth Street (No. 1 and No. 2) v Financial Times Ltd
    • Queen's Bench Division (Technology and Construction Court)
    • 04 Noviembre 2005

    In my judgment, Judge Rich's reasoning is to be followed since it cogently gives meaning to the expression "material" in the context of a breach of covenant and its effect on a break or option clause. In asking whether a breach or compliance is material, it is necessary to ask: "material to what"? The obvious answer is: "material to the landlord and to the obligations of the tenant".

  • Fitzroy House Epworth Street (No. 1 and No. 2) v Financial Times Ltd
    • Court of Appeal (Civil Division)
    • 31 Marzo 2006

    Materiality must be assessed by reference to the ability of the landlord to relet or sell the property without delay or additional expenditure. But I see no justification for attributing to the parties an intention that the insertion of the word 'material' was intended to permit only breaches which were trivial or trifling. Those words are of uncertain meaning also and are not the words used by the parties.

  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 Abril 1973

    The question then is what is meant in this context by the word "remedy". It could mean obviate or nullify the effect of a breach so that any damage already done is in some way made good. To restrict the meaning of remedy to cases where all damage past and future can be put right would leave hardly any scope at all for this clause.

    It is also possible that, in the case of a truly irremediable material breach, which goes to the root of the contractual relationship, as would presumably a breach of clause 14, you simply write the provision for remedying in 60 days out of the document as a term incapable of being fulfilled. And your Lordships have already noticed the difficulties, under this clause, to which an anticipatory breach will give rise.

  • Carillion Construction Ltd v Devonport Royal Dockyard Ltd
    • Court of Appeal (Civil Division)
    • 16 Noviembre 2005

    It is only too easy in a complex case for a party who is dissatisfied with the decision of an adjudicator to comb through the adjudicator's reasons and identify points upon which to present a challenge under the labels "excess of jurisdiction" or "breach of natural justice". The task of the adjudicator is to find an interim solution which meets the needs of the case. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

  • R (Yogathas) v Secretary of State for the Home Department
    • House of Lords
    • 17 Octubre 2002

    No matter what the volume of material submitted or the sophistication of the argument deployed to support the allegation, the Home Secretary is entitled to certify if, after reviewing this material, he is reasonably and conscientiously satisfied that the allegation must clearly fail.

  • Fairchild v Glenhaven Funeral Services Ltd and Others
    • House of Lords
    • 20 Junio 2002

    It is accepted that the risk of developing a mesothelioma increases in proportion to the quantity of asbestos dust and fibres inhaled: the greater the quantity of dust and fibre inhaled, the greater the risk. But the condition may be caused by a single fibre, or a few fibres, or many fibres: medical opinion holds none of these possibilities to be more probable than any other, and the condition once caused is not aggravated by further exposure.

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  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ... ... and other information; to make provision about the treatment of material held as a result of such interception, equipment interference or ... to carry out the selection of relevant content for examination, in breach of the prohibition in section 152(4) (prohibition on seeking to identify ... ...
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 97C Breach of compliance order ... (1) This section applies where- ... (a) a ... act causes, or creates a significant risk of, serious damage of a material kind; and ... (d) the person intends by doing the act to cause serious ... ...
  • The Package Travel and Linked Travel Arrangements Regulations 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... (5) In Scotland, any breach of the condition implied by paragraph (4) is deemed to be a material ... ...
  • Insurance Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... clear and accessible to a prudent insurer, and(c) in which every material representation as to a matter of fact is substantially correct, and every ... 8: Remedies for breach ... (1) The insurer has a remedy against the insured for a breach of the ... ...
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Books & Journal Articles
  • How fiduciary duty law incentivises investors to manage sustainability risks
    • No. 23-3, September 2021
    • European Journal of Social Security
    The compatibility of Environmental, Social and Governance (ESG) risk management with the investment management requirements under the investors’ fiduciary duties (FD) figures among the key question...
    ... ... ; thus, their management is required only if they are financially material for investments. We show that this principle equally applies to long-term ... to breach their FD. Keywords Fiduciary duty, institutional investors, pension funds, ... ...
  • Preventing corporate scandals
    • No. 11-3, July 2004
    • Journal of Financial Crime
    • 268-276
    Defines fraud as deliberate deception to obtain illicit material gain, and includes embezzlement and asset misappropriation in the definition. Assesses what constitutes auditors’ breach of duty to ...
    ... ... the various facets of®nancial fraud, what constitutes auditors' breach ofduties to their clients, responsibility for the monitor-ing and ... Nevertheless, the auditor shouldbe able to detect all material fraud. The notion ofpublic interest requires an auditor to report to ... ...
  • Recent Developments Regarding the Misappropriation Theory in Securities Fraud Actions
    • No. 5-4, February 1998
    • Journal of Financial Crime
    • 381-384
    On 25th June, 1997, the US Supreme Court issued an important decision in which it endorsed an expanded theory of insider trading liability under the federal securities laws. In United States v O'Ha...
    ... ... confidential informa-tion for securities trading purposes, in breach of a duty owed to the source of the information, may be found liable for ... adopted Rule 14e-3(a),5 which prohibits trading on the basis of material, non-public information concerning a tender offer, without requiring the ... ...
    • No. 3-3, March 1995
    • Journal of Financial Regulation and Compliance
    • 283-289
    Credit Lyonnais (the Defendant), who at all material times were authorised to conduct investment business by virtue of their membership of the Securities Association (its functions now subsumed by ...
    ... ... CA granted THE FACTS Credit Lyonnais (the Defendant), who at all material times were author-ised to conduct investment business by virtue of their ... Association (SFA) rules and/or acted negligently and/or were in breach of the fiduciary duty owed to the Plaintiffs, and were thereby liable in ... ...
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