Specific Performance in UK Law
- Damages Awarded In Lieu Of Specific Performance For Breach Of Tenant's Covenants
- Specific Performance Can Be Available Even If The Claimant Is In Breach
- Court Can Act As Bondsman And Require Contractors To Procure Warranties Through Specific Performance
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UK Court of Appeal Says Risk of U.S. Secondary Sanctions is a “Mandatory Provision of Law” Excusing Non-Payment
The Court of Appeal confirmed[1] that a borrower under a Tier 2 facility agreement was excused from making payments because of the risk of U.S. secondary sanctions. The court made it explicitly cle...... ... The court made it explicitly clear that whether or not non-performance may be excused will depend on the specific words of the affected contract ... ...
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Supporting FinTech in the UK: The FCA’s Project Innovate
Jacqui Hatfield and Melanie Shone have recently published an article in Finance Monthly, examining the performance of the FCA’s Project Innovate. The authors caution that “any new rules, specific ...... ... published an article in Finance Monthly, examining the performance of the FCAs Project Innovate. The authors caution that any new rules, ... ...
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COVID-19 Update – Understanding Your Rights Under Contracts Whose Performance Is Affected By COVID-19
Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially c......Under English law, it’s clear that the key issue will be to understand and apply the specific terms of each contract, with the English courts looking to interpret contractual clauses by initially considering the natural and ordinary meaning of ... ...
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Liberty v Cuddy (3): Is The Court Acting As A Bondsman?
... ... a payment of funds into court as an alternative remedy to specific performance to deliver security documentation ... Liberty Mercian ... ...
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Construction Contracts: When Is Industry Best Practice Not Good Enough?
The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undert...... ... undertakes both to deliver a certain outcome and to follow a specific design that is inconsistent with that outcome ... The Result: While the ... facts, in this instance the contractor was obliged to meet the performance criteria and bore the risk that they could not be achieved by the ... ...
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Breach Of Contract - Remedial Work
... ... of contract case where a musician fails to turn up for a performance, a concert promoter cannot then claim the fees paid to the musician ... Specific performance ... But what happens if the usual legal remedy, monetary ... ...
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Arbitration - Stockman Interhold V Arricano
... ... The defendant had made a claim for specific performance when it started the arbitration and had also indicated a claim ... ...
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