Material Breach in UK Law

Leading Cases
  • R (SK (Zimbabwe)) v Secretary of State for the Home Department
    • Supreme Court
    • 25 May 2011

    While accepting that not every failure to comply with a published policy will render the detention unlawful, I remain of the view that "the breach of public law duty must be material to the decision to detain and not to some other aspect of the detention and it must be capable of affecting the result - which is not the same as saying that the result would have been different had there been no breach" (see the Lumba case, para 207).

  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 Mar 2011

    It is not every breach of public law that is sufficient to give rise to a cause of action in false imprisonment. In the present context, the breach of public law must bear on and be relevant to the decision to detain. Thus, for example, a decision to detain made by an official of a different grade from that specified in a detention policy would not found a claim in false imprisonment. Nor too would a decision to detain a person under conditions different from those described in the policy.

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

    It appears to me that clause 11( a)(i) is intended to apply to all material breaches of the agreement which are capable of being remedied. 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. 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.

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

  • Garrett v Halton Borough Council; Myatt v National Coal Board
    • Court of Appeal (Civil Division)
    • 16 Mar 2007

    If it had been intended that a CFA should only be enforceable where the client suffered actual damage, it would have been easy enough so to provide. In our view, it is fallacious to say that a breach is trivial or not material because it does not in fact cause loss to the client in the particular case. The scheme has the wider purpose of providing for client protection (as well as the proper administration of justice) .

  • Gb Gas Holdings Ltd v Accenture
    • Queen's Bench Division (Commercial Court)
    • 06 Nov 2009

    In reaching this conclusion I have given careful consideration to all of Mr Vos' submissions, particularly those that focused on the distinct regimes established under the JPA for Material Defects and Fundamental Defects. In my judgement, the categories of Material Defects and Fundamental Defects are not mutually exclusive.

See all results
Legislation
  • Small Business, Enterprise and Employment Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... . (7) The regulations may make provision for a prescribed breach by a prescribed description of person of a requirement imposed by the ... . (2) In section 1087 (material not available for public inspection), in subsection (1), after paragraph ......
  • 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 ......
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... (9) See section 19 for a consumer's rights if the trader is in breach of a term that this section requires to be treated as included in a ... not a failure to conform to the contract if it has its origin in materials supplied by the consumer. . (3) If the goods do not conform to the ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • 1 de Enero de 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 ......
See all results
Books & Journal Articles
  • Preventing corporate scandals
    • Núm. 11-3, Julio 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 of duties to their clients, responsibility for the monitor- ing and ...Nevertheless, the auditor should be able to detect all material fraud. The notion of public interest requires an auditor to report to ......
  • Recent Developments Regarding the Misappropriation Theory in Securities Fraud Actions
    • Núm. 5-4, Febrero 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...
    ......-3(a), 5 whic h prohibit s tradin g o n th e basi s o f material , non-publi c informatio n concernin g a tende r offer , withou t ... corporat e inside r violate s th e securitie s law s b y breachin g hi s dut y t o th e company' s shareholders . Th e ......
  • KAUFMANN AND OTHERS V CREDIT LYONNAIS BANK
    • Núm. 3-3, Marzo 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 ...
    ......, tha t i n 199 0 an d i n 199 1 th e Defendant s ha d breache d Securitie s Associatio n (SFA ) rule s and/o r acte d negligentl ... t th e objec t o f th e 198 6 Ac t is , s o fa r a s material , th e protectio n o f investors , th e nee d fo r a class-base d ......
  • INNOVATION AND CONTINUITY IN THE LAW OF TREATIES
    • Núm. 33-5, Septiembre 1970
    • The Modern Law Review
    ...... Internatwnal Law 875; and (1969) 8 Internutwnal Legal Materials 679. 2 Art. 13 (1) of the Charter provides that “ The ... law; treaties and the use of force; and the effects of breach.1° 5 Notably its work on the law of the sea, leading to the ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT