*/
Practice – Judgment. The claimant had defaulted on a loan from a bank and receivers had been appointed in respect of its properties, which were charged to the bank (the properties). The claimant, with the receivers acting as agents, had entered into a contract for the sale of the properties to the defendant. The completion of the sale did not take place by the specified date and the claimant's solicitors served the defendant with notice to complete, under the sale contract. The defendant failed to complete within the specified time and the claimant rescinded the sale contract and the premises were sold to another party at auction. The claimant sought declarations that, among other things, the contract had been terminated by rescission. The claimant applied for summary judgment. The issue was whether a valid notice to complete had been served in accordance with the sale contract. The Chancery Division, in granting the application, held that the notice had been a valid notice to complete and that the claimant had been entitled to and had rescinded the sale contract. The proper 'party' to the sale contract who could give a notice to complete was the seller, the claimant, and not the claimant acting through the receivers.
Practice – Judgment. The claimant had defaulted on a loan from a bank and receivers had been appointed in respect of its properties, which were charged to the bank (the properties). The claimant, with the receivers acting as agents, had entered into a contract for the sale of the properties to the defendant. The completion of the sale did not take place by the specified date and the claimant's solicitors served the defendant with notice to complete, under the sale contract. The defendant failed to complete within the specified time and the claimant rescinded the sale contract and the premises were sold to another party at auction. The claimant sought declarations that, among other things, the contract had been terminated by rescission. The claimant applied for summary judgment. The issue was whether a valid notice to complete had been served in accordance with the sale contract. The Chancery Division, in granting the application, held that the notice had been a valid notice to complete and that the claimant had been entitled to and had rescinded the sale contract. The proper 'party' to the sale contract who could give a notice to complete was the seller, the claimant, and not the claimant acting through the receivers.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
The long-running fee-paid judicial pensions saga continues. The current cut-off date for giving notice of election to join FPJPS is 31 March 2024, and that date now gives rise to a serious problem, warns HH John Platt