Contracts, Termination, Repudiation and Rescission

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

the issue of the Default notice and its operation has been decided by the High Court.

Cannot say what the judgment says til its formal handing down, (i do have a copy) but lets just say we won, and a creditor is not able to terminate without a good notice, if the notice is bad he cannot because he is barred by statute, terminate no matter what he says

Also a point to mention, s170 of the act bars any remedy unless provided for expressly by the act, this is said to also exclude the common law repudiatory breach, on the basis that its not prescribed by the act as being available for breach of s87

It is worth noting the remedies available to hire purchase agreements, these are very very heavily in favour of the debtor if the Claimant does something outside its powers under the Act, however, the same cannot be said about s87

The only bar on s87 is that they cannot take the next step til a good notice has been served and this reinforces Woodchester vs Swain

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

Great news on your win PT, sorry for asking but what if the creditor terminates on a bad notice? if I understand correctly this means that the creditor will be able to send a correct notice?

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

Great news on your win PT, sorry for asking but what if the creditor terminates on a bad notice? if I understand correctly this means that the creditor will be able to send a correct notice?

he cannot terminate, without a good notice, that is what the view of counsel was, and also the High Court

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

so that would mean that the contract has not ended and would have to re send a good notice.........and have to start all from the beginning again?

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

so that would mean that the contract has not ended and would have to re send a good notice.........and have to start all from the beginning again?

you will need to wait til the judgment is out, as i cannot really say without going into what the court said,and im not allowed

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

No probs PT, will it be long before you can say?

[dad]

Re: Contracts, Termination, Repudiation and Rescission

you will need to wait til the judgment is out, as i cannot really say without going into what the court said,and im not allowed

PT,

You seem to have a collection of reserved judgments as we are still waiting the earlier Court of Appeal judgment you alluded to on another thread.

Is there any progress on that front?

All the best

Dad

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

PT,

You seem to have a collection of reserved judgments as we are still waiting the earlier Court of Appeal judgment you alluded to on another thread.

Is there any progress on that front?

All the best

Dad

Case Tracker for Civil Appeals

yes, as above, we went last year and got adjourned by Lord Justice Ward. This was due to listing errrors on the courts part.

As regards the High Court judgment, i have it here, but it is draft and therefore anyone who knows the rules on drafts will know they are confidential to Counsel, Solicitors and Clients only.

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

Case Tracker for Civil Appeals

yes, as above, we went last year and got adjourned by Lord Justice Ward. This was due to listing errrors on the courts part.

As regards the High Court judgment, i have it here, but it is draft and therefore anyone who knows the rules on drafts will know they are confidential to Counsel, Solicitors and Clients only.

The High Court judgment will be formally handed down on the 25th January, it has been confirmed.

Also it is going to be reported on BAILLI

[dad]

Re: Contracts, Termination, Repudiation and Rescission

The High Court judgment will be formally handed down on the 25th January, it has been confirmed.

Also it is going to be reported on BAILLI

Thank you, I will look out for it.

Dad

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

Thank you, I will look out for it.

Dad

a minor hiccup

Advice from counsel, there is now a barrel rule application meaning judgment is not being handed down until the barrell rule app is resolved.

[basa48]

Re: Contracts, Termination, Repudiation and Rescission

a minor hiccup

Advice from counsel, there is now a barrel rule application meaning judgment is not being handed down until the barrell rule app is resolved.

One of my main contentions with a creditor is the termination and sale of an account following a (very) bad DN.

Should I be worried the DCA can reissue a DN?

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

a minor hiccup

Advice from counsel, there is now a barrel rule application meaning judgment is not being handed down until the barrell rule app is resolved.

Ahhh nooo, thought there would be a hiccup, no worries pt a few more days won't hurt hey......

I know if was up to you then you would have shown all the same day.........but as law abiding citizens we have to abide by what the law of the land says [not speaking on behalf of the creditors that is].

[pt2537]

Re: Contracts, Termination, Repudiation and Rescission

Ahhh nooo, thought there would be a hiccup, no worries pt a few more days won't hurt hey......

I know if was up to you then you would have shown all the same day.........but as law abiding citizens we have to abide by what the law of the land says [not speaking on behalf of the creditors that is].

The difficulty was, counsels view was that the judgment had a point which hadnt been properly clarified, therefore, there is a rule, called the Barrel Rule, See Re T (A child) and also Paulin and Paulin (2009)

The barrel rule allows you to ask the judge to consider any points which he hasnt addressed , and seeing as the point we have taken is a serious point, our client decided that we ought to pursue it properly, as the judgment will be binding it ought to be correct.

So we had little choice but to apply

[jumper999]

Re: Contracts, Termination, Repudiation and Rescission

Better to make sure all the cracks n creases are all ironed out beforehand.........that way it leaves no spaces for any further or future hiccups :tinysmile_grin_t:

Understandably as this judgment will be binding will be very important that is why I know you want to do things correctly. Thanks for letting us all know PT.

That's 2 important events in my diary to look forward to now, this and the Brandon one.