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 novembre 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 mars 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 avril 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. On the other hand, there are cases where it would seem a misuse of language to say that a breach can be remedied.

    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 novembre 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 time constraints within which he is expected to operate are proof of that. The need to have the "right" answer has been subordinated to the need to have an answer quickly.

  • Force India Formula One Team Ltd v Etihad Airways PJSC and Another
    • Queen's Bench Division
    • 04 novembre 2009

    What appears to me to be clear is that, assuming the change of name to be a material breach of the Agreement, it was a breach which was plainly remediable. If E/A had given the notice required by clause 21.3.1(a) of the Agreement, the Team could have changed the team name back to Etihad Aldar Spyker F1 Team. There is no reason to suppose that this change back would have been prevented by the F1 authorities. No objection was made to the various changes to the chassis name.

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

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Legislation
  • Investigatory Powers Act 2016
    • UK Non-devolved
    • 1 janvier 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 ......
  • Sale of Goods Act 1893
    • UK Non-devolved
    • 1 janvier 1893
    ......may elect to treat the breach of such condition as a breach. of warranty, and not as a ground for ... . (2) . (2.) In Scotland, failure by the seller to perform any material. part of a contract of sale is a breach of contract, which entitles the. ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 janvier 2018
    ...... (i) Article 33 (notification of personal data breach to the Commissioner); . (ii) Article 34 (communication of personal data ... subjects referred to in subsection (1) is no longer likely to materialise, or . (c) (c) it would involve a disproportionate effort. . (4) An ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 janvier 1979
    ......may elect to treat the breach of the condition as a breach of. warranty and not as a ground for treating ... . (5) In Scotland, failure by the seller to perform any material. part of a contract of sale is a breach of contract, which entitles. the ......
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Books & Journal Articles
  • How fiduciary duty law incentivises investors to manage sustainability risks
    • Num. 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...
    ...... FD law as applied to investors and identify: 1) ESG risk materiality and 2) the effectiveness of ESG risk hedging as its fundamental elements. ...to breach their FD. Keywords Fiduciary duty, institutional investors, pension funds, ......
  • Preventing corporate scandals
    • Num. 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
    • Num. 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 ......
  • Uncertainty in Commercial Law
    • Num. , January 2009
    • Edinburgh Law Review
    • 68-99
    ......L S Sealy and R J A Hooley, Commercial Law: Text, Cases and Materials (2003) 10: “Businessmen have special needs … they require the ... do so discharges the insurer from liability as from the date of the breach. 122 122 Marine Insurance Act 1906 s 33(3). Warranties may be express or ......
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