Part Payment in UK Law

  • Sharma and another v Simposh Ltd
    • Court of Appeal (Civil Division)
    • 23 November 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 ... ...
  • Alan (W. J.) & Company Ltd v El Nasr Export and Import Company
    • Court of Appeal (Civil Division)
    • 03 February 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 ... ...
  • Alexey Samarenko v Dawn Hill House Ltd
    • Court of Appeal (Civil Division)
    • 01 December 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, ... ...
  • Stockloser v Johnson
    • Court of Appeal
    • 12 February 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 ... ...
  • Steadman v Steadman
    • House of Lords
    • 19 June 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 ... ...
  • Gissing v Gissing
    • House of Lords
    • 07 July 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 ... ...
  • Creggy v Barnett
    • Court of Appeal (Civil Division)
    • 11 October 2016
    ... ... rejected that defence and we are not concerned with the issue as part of this appeal ... 9 Mr Creggy's other ... or accountable for the claim acknowledges the claim or makes any payment in respect of it the right shall be treated as having accrued on and not ... ...
  • Cavendish Square Holding BV v Talal El Makdessi; ParkingEye Ltd v Beavis
    • Supreme Court
    • 04 November 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 ... ...
  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 February 1998
    ... ... the short term refinancing by the appellant ("BFC"), a Swiss bank, of part of an existing bank loan made available by Royal Trust Bank (Switzerland) ... attention to the fact that it is customary for the assured, on payment of the loss, to provide the insurer with a letter of subrogation, being no ... ...
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 June 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 ... ...
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