Eminence Property Developments Ltd v Heaney

JurisdictionEngland & Wales
JudgeLord Justice Etherton,Lord Justice Sullivan,Lord Justice Mummery
Judgment Date21 October 2010
Neutral Citation[2010] EWCA Civ 1168
Docket NumberCase No: A3/2010/0262
CourtCourt of Appeal (Civil Division)
Date21 October 2010
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96 cases
  • Tullett Prebon Plc and Others v BGC Brokers LP and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 22 February 2011
    ...the one for which Mr Hochhauser contends. At this stage, I simply refer to the words of Etherton LJ in the recent case of Eminence Property Developments Ltd v Heaney [2010] EWCA Civ 1168 (at paragraph 61): “… the legal test is whether, looking at all the circumstances objectively, that is ......
  • J M Finn & Company Ltd v Thomas Brook Holliday
    • United Kingdom
    • Queen's Bench Division
    • 8 November 2013
    ...and trust between employer and employee. 40 The test for whether conduct is repudiatory is that set out by Etherton LJ in Eminence Property Developments Ltd v Heaney [2010] EWCA Civ 1168, endorsed by the CA in Tullett Prebon plc v BGC Brokers LP [2011] IRLR 420 at [20]: … So far as concerns......
  • Regulus Ship Services Pte Ltd v Lundin Services BV and Another
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 27 October 2016
    ...113 Woodar Investment (together with The Nanfri [1979] AC 757 HL) was considered more recently by the Court of Appeal in Eminence Property Developments Ltd v Heaney [2010] EWCA Civ 1168. Etherton LJ (as he then was), with whom Mummery and Sullivan LJJ agreed, emphasised the importance of ap......
  • Hooper and Another v Oates and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 26 November 2010
    ...14 July 2010? 3124. In the light of the judgment of this court given shortly before the hearing of this appeal in Eminence Property Developments Ltd v Kevin Christopher Heaney [2010] EWCA Civ 1168, it was accepted that it was not necessary to review the authorities. Etherton LJ after revie......
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2 firm's commentaries
  • Court Of Appeal Clarifies And Restates Test For Repudiatory Breach Of Contract
    • United Kingdom
    • Mondaq United Kingdom
    • 22 February 2011
    ...Property Developments Ltd v Kevin Christopher Heaney [2010] EWCA Civ 1168 Is a party, who served a notice to complete making the time for completion of the essence of the sale contract, and then, mistakenly, treated the contract as at an end prior to the expiry of that notice itself in repu......
  • Commercial Law Update - An Analysis of Cases and Developments from October 2010
    • United Kingdom
    • Mondaq United Kingdom
    • 23 November 2010
    ...Termination Notices Prematurely Does Not Necessarily Amount to Repudiatory Breach Eminence Property Developments Limited v Heaney [2010] EWCA Civ 1168 Mr Heaney had agreed in a series of contracts to buy 13 flats from Eminence. Completion was to take place when the relevant flats were ready......

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