Substantial Performance in UK Law

Leading Cases
  • Bolton v Mahadeva
    • Court of Appeal (Civil Division)
    • 13 Abr 1972

    When, however, one looks at the aggregate of the number of defects that he held to have been established, at the importance of some of those defects, and at the way in which some of them prevented the installation being one that did what was intended, I find myself, like my Lord, quite unable to agree that there was a substantial performance by the Plaintiff of this lump-sum contract.

    It is upon the application of that converse rule that the Plaintiff's case here fails. This rule does not work hardly upon a contractor if only he is prepared to remedy the defects before seeking to resort to litigation to recover the lump sum. It is entirely the fault of the contractor in this instant case that he has placed himself in a difficulty by his refusal on the 4th December, 1969, to remedy the defects of which complaint was being made.

  • R v Soneji (Kamlesh Kumar)
    • House of Lords
    • 21 Jul 2005

    Having reviewed the issue in some detail I am in respectful agreement with the Australian High Court that the rigid mandatory and directory distinction, and its many artificial refinements, have outlived their usefulness. Instead, as held in Attorney General's Reference (No 3 of 1999), the emphasis ought to be on the consequences of non-compliance, and posing the question whether Parliament can fairly be taken to have intended total invalidity.

    I would not regard it as justified to extend the time limit indefinitely, for I do not think that Parliament would have so intended. I would suggest that one should ask if there has been substantial observance of the time limit. What will constitute substantial performance will depend on the facts of each case, and it will always be necessary to consider whether any prejudice has been caused or injustice done by regarding the act done out of time as valid.

  • Paragon Finance Plc v Nash and Another; Same v Staunton and Another
    • Court of Appeal (Civil Division)
    • 15 Oct 2001

    A good example of what would come within the scope of the statute is given at paragraph 14–070 of Chitty. The editors postulate a person dealing as a consumer with a holiday tour operator who agrees to provide a holiday at a certain hotel at a certain resort, but who claims to be entitled, by reference to a term of the contract to that effect, to be able to accommodate the consumer at a different hotel, or to change the resort, or to cancel the holiday in whole or in part.

  • The Commissioners for HM Revenue and Customs v Dv3 RS Ltd Partnership
    • Court of Appeal (Civil Division)
    • 30 Set 2013

    Paragraph 10 of Schedule 15 is not so much concerned with the acquisition of a chargeable interest by a partnership as the transfer by a partner of a chargeable interest. It looks at a transaction from the perspective of the transferor. It seems to me to be clear that a partner cannot transfer a chargeable interest to a partnership unless he has a chargeable interest to transfer.

  • RTS Flexible Systems Ltd v Molkerei Alois Muller GmbH & Company KG
    • Supreme Court
    • 21 Jul 2010

    Whether there is a binding contract between the parties and, if so, upon what terms depends upon what they have agreed. It depends not upon their subjective state of mind, but upon a consideration of what was communicated between them by words or conduct, and whether that leads objectively to a conclusion that they intended to create legal relations and had agreed upon all the terms which they regarded or the law requires as essential for the formation of legally binding relations.

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Legislation
  • Finance Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... subsection (4) made by the member that are necessary for the performance of his or her duties as a member;. . . (b) if the member shares caring ... . . (a) all or substantially all of the activities undertaken by a group treasury company consist of ......
  • Land and Buildings Transaction Tax (Scotland) Act 2013
    • Scotland
    • 1 de Enero de 2013
    ...... held for the purpose of securing the payment of money or the performance of any other obligation. . (3) See also paragraphs 21 to 24 of schedule .... (3) But see sections 9 and 10. S-9 . Completion without substantial performance 9 Completion without substantial performance . . (1) If ......
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 1 de Enero de 1988
    ...... fresh provision as to the rights of performers and others in performances; to confer a design right in original designs; to amend the Registered ... . (a) in relation to the work as a whole or any substantial. part of it, and. . . (b) either directly or indirectly;. . . and it ......
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ...... (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of the ... (b) (b) point (g) (substantial public interest); . (c) (c) point (h) (health and social care); . (d) ......
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Books & Journal Articles
  • THE DOCTRINE OF SUBSTANTIAL PERFORMANCE: CONDITIONS AND CONDITIONS PRECEDENT
    • Núm. 38-4, Julio 1975
    • The Modern Law Review
  • Performance improvement. Part 1. Forget the acronyms
    • Núm. 99-4, Junio 1999
    • Industrial Management & Data Systems
    • 172-180
    This two‐part article focuses on the need to ignore the many acronym‐based initiatives and programmes that tend to drive business performance. The author recommends that people must play a critical...
  • The UK Parliament and performance
    • Núm. 73-1, Marzo 2007
    • International Review of Administrative Sciences
    Many governments across OECD countries now produce substantial amounts of performance information. This movement has increasingly become known variously as output- or outcome-based budgeting or gov...
    ...... and performance: challenging or challenged? Carole Johnson and Colin Talbot Abstract Many governments across OECD countries now produce substantial amounts of performance information. This movement has increasingly become known vari- ously as output- or outcome-based budgeting or governance. ......
  • Government Employment and Wages and Labour Market Performance
    • Núm. 62-3, Agosto 2000
    • Oxford Bulletin of Economics and Statistics
    Government wage, benefit, and employment decisions are not taken on a profit‐maximizing basis, and have a substantial impact on aggregate labour market performance and unemployment. In a two‐sector...
    ......The sign and size of the wage differential notwithstanding, government employment in most countries carries substantial additional advantages in terms of job security (in many cases, governments effectivel y offer employ- ment for life), as well as fringe bene®ts ......
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Law Firm Commentaries
  • Work Obligations And The Farm-Out Agreement: The Consequences Of Partial Performance
    • Mondaq United Kingdom
    ......The farming-out party may be required to transfer a substantial portion of the interest defined in the farm-out agreement without receiving the benefit of a well which fully meets the specifications defined in the ......
  • Higher SDLT Rates For Second Homes
    • Mondaq UK
    ...... place on or after 1 April 2016; contracts entered into and substantially performed before 26 November 2015 where completion takes place on or after ... entered into before 26 November 2015 where substantial performance or completion takes place between 26 November 2015 and 31 March 2016; and ......
  • Date Stamp 1 March 2019: Deadline Reduced for UK Stamp Duty Payment and Filing
    • JD Supra United Kingdom
    The time the UK allows a purchaser for filing a Stamp Duty Land Tax (SDLT) return and paying any tax due to HM Revenue and Customs is about to decrease substantially. Where the “effective date” of ...
    ...... any tax due to HM Revenue and Customs is about to decrease substantially. Where the “effective date” of a transaction is on or after 1 March ... effective date will occur earlier, on the date of substantial performance. Substantial performance is decided on a case-by-case basis but will be ......
  • Stamp Duty Land Tax
    • Mondaq United Kingdom
    ......Where the contract was entered into and substantially performed before 11th July 2003 there is no SDLT even where completion ... December 2003, SDLT will be payable, even where substantial performance has occurred before 1st December 2003. SDLT will be payable on completion ......
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