Part Payment in UK Law

  • Alan (W. J.) & Company Ltd v El Nasr Export and Import Company
    • Court of Appeal (Civil Division)
    • 03 Febrero 1972
    ... ... 11 Payment: By confirmed, irrevocable letter of credit to be opened at sight ... 37 "Part payment of balance due - Contract No. 3447 of 13/7/67". The sellers handed ... ...
  • Sharma and another v Simposh Ltd
    • Court of Appeal (Civil Division)
    • 23 Noviembre 2011
    ... ... if the claimants paid a total of £55,000 (including the initial payment of £1,600) by 26 September, the defendant would complete phase one, would ... Thus if money has been paid as a deposit or part of the price b y a prospective purchaser, recovery would generally be ... ...
  • Steadman v Steadman
    • House of Lords
    • 19 Junio 1974
    ... ... (2) This section … does not affect the law relating to part performance …" ... 6 The husband relied on ... And it is clear that the payment of £100 to the wife as ordered by the Magistrates' Court was, taking the ... ...
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 Noviembre 2015
    ... ... Judgment was entered on the bond, but execution was stayed upon payment of the assessed damages. The Administration of Justice Act 1705 (4 & 5 ... under the contract a secondary obligation shall arise on the part of the party in breach to pay to the other party a sum of money which does ... ...
  • Gissing v Gissing
    • House of Lords
    • 07 Julio 1970
    ... ... Justice Buckley, of the 12th day of June 1968, thereby in part Discharged, be, and the same is hereby, Restored : And it is further ... in a wife and cases where there is joint ownership: there may be a payment which gives rise to a resulting implied or constructive trust: there may ... ...
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 Junio 1942
    ... ... If, as the result of the decision of the House, any payment becomes due to the Appellants, and if they were in the position of alien ... with the Enemy Act, 1939, it was declared that Poland (including that part in which the port of Gdynia is situated) was enemy territory ... ...
  • Stockloser v Johnson
    • Court of Appeal
    • 12 Febrero 1954
    ... ... the quarry, to use his plant and machinery in consideration of the payment of royalties for the period of his lease and for the further period of the ... neither shall he sell charge or otherwise dispose of the same or any part thereof nor of the benefit of this agreement" ... 6 A little later the ... ...
  • Alexey Samarenko v Dawn Hill House Ltd
    • Court of Appeal (Civil Division)
    • 01 Diciembre 2011
    ... ... ) If the answer is no, was time successfully made of the essence of payment in this case with the consequence that, on the facts, the seller was ... Fry LJ said (p. 101) that: "It is not merely a part payment, but is then also an earnest to bind the bargain so entered into, ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... One form of interest rate swap involves what is called an upfront payment, i.e. a capital sum paid by one party to the other, which will be balanced ... nor even to identify the role of equitable proprietary claims in that part of the law. The judicial process is neither designed for, nor properly ... ...
  • Woolwich Equitable Building Society v Commissioners of Inland Revenue
    • House of Lords
    • 20 Julio 1992
    ... ... The new procedure is set out in Part III of the Act, which is applicable where the new procedure is available ... annual voluntary arrangements which had since 1894 regulated the payment by building societies to the Inland Revenue of sums representing income ... ...
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