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View the related checklists about Repudiatory breach

Drafting checklist for claim or response—unfair dismissal: redundancy

Drafting checklist for claim or response—unfair dismissal: redundancy Both parties • Was the Claimant an employee? See Practice Notes: Entitlement to claim unfair dismissal—Eligibility and Employee status • Did the Claimant have requisite qualifying service, or does an exception apply? See Practice Note: Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See Practice Note: The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Practice Notes: Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Practice Note: Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from unfair dismissal protection, eg police constables. See Practice Note: Entitlement to claim unfair dismissal—Particular types of employment • Was the Claimant’s work based in Great...

Drafting checklist for claim or response—whistleblowing and unfair dismissal

Drafting checklist for claim or response—whistleblowing and unfair dismissal Both parties • Was the Claimant an employee? See Entitlement to claim unfair dismissal—Eligibility and Employee status • Was the Claimant a worker? See Entitlement to claim whistleblowing—Included persons: the extended definition of 'worker' • Does the Claimant have the requisite qualifying service for an ordinary unfair dismissal claim? See Qualifying period for unfair dismissal • Has the Claimant complied with the requirement for early conciliation or does one of the exemptions apply? See The early conciliation requirement • Is the claim brought within the three-month time limit, or the period as extended if the requirement for early conciliation applies? See Unfair dismissal time limit and The early conciliation requirement—Extension to time limits (the 'stop the clock' provisions) • Is the contract of employment arguably void for illegality? See Entitlement to claim unfair dismissal—Illegality • Does the Claimant fall within a category of employee excluded from ordinary unfair dismissal protection, eg police constables? See Entitlement to claim unfair dismissal—Particular types of...

View the related practice notes about Repudiatory breach

Repudiation of contract

This Practice Note concerns repudiation and sets out what a repudiatory breach of contract means. It explains how a repudiatory breach goes to the core of the contract and the options or remedies available to an innocent party as a result of the other party’s repudiation, which include either accepting the repudiatory breach and treating the contract as ended, or affirming the contract. This Practice Note explains the meaning of an anticipatory breach of contract and considers when that may also be a repudiatory breach. Termination for repudiatory breach is a common law right and a complex area of law, well documented with cases. If a party is seeking to terminate a contract for another party’s repudiatory breach the advice is to proceed with caution. It is not a risk-free strategy for termination, and each case should be evaluated on its own facts.Where a party purports to terminate a contract for the repudiatory breach of another party and the circumstances turn out not to amount to a repudiation, the act...

Affirmation

Affirmation is an indication of the intention to continue with a contract. Affirmation may arise in the case of:•a repudiatory breach of contract (including anticipatory breach (renunciation)), or•a misrepresentation which entitles the innocent party to rescind the contractIt is important to understand what affirmation is and what it requires in order to be aware of the risks should a counterparty be in repudiatory breach. Failure to understand could lead to your client not successfully affirming a contract it wishes to continue or inadvertently losing its rights to terminate by accepting a repudiatory breach.This Practice Note focuses on affirmation in the event of repudiatory breach. For information on affirmation in the context of misrepresentation, see Affirmation where other remedies are available below.Affirmation and repudiatory breachA repudiatory breach is a breach of contract that goes to the very core of the contract entitling the innocent party to treat the contract as being disregarded and to refuse to be bound by its terms.Where there is a repudiatory breach of contract, the innocent party...

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ET1 Claim for unfair dismissal—constructive dismissal

ET1 Claim for unfair dismissal—constructive dismissal [Insert in para 8.2 of claim form ET1:] 1 The Claimant was employed by the Respondent as [insert job title, eg ‘a financial analyst’ or ‘an insurance sales manager’] from [insert start date of employment] to [end date of employment][ at its [insert details of particular office or location, eg ‘London Headquarters in Canary Wharf]]. The Respondent is [insert brief description of the nature of the Respondent, eg a global investment bank]. 2 The Claimant’s contract of employment[, dated [insert date],] included the following term[s]: 2.1 [ [ EXAMPLE A (Breach of term of trust and confidence): ]an implied term that the Respondent would not, without reasonable and proper cause, conduct itself in a manner likely to destroy the relationship of trust and confidence between employer and employee; OR 2.2 [ EXAMPLE B (Fundamental breach of express term): ]an express term that the Respondent would pay the Claimant an annual bonus every July based on the performance...

Letter of claim—damages for breach of contract—acceptance of contract repudiation

Letter of claim—damages for breach of contract—acceptance of contract repudiation [ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS] Our reference: [insert your file reference for this matter] FAO [RELEVANT NAME] [NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN] [ADDRESS LINE 1] [ADDRESS LINE 2] [POSTCODE] [DATE] Dear [insert organisation name] RE [PROSPECTIVE CLAIMANT’S NAME] AND [PROSPECTIVE DEFENDANT’S NAME] LETTER OF CLAIM [We write further to our letter dated [insert date of previous correspondence]]. [As you know, we OR We] act on behalf of [insert client’s full name], whose address is [insert full address]. This is our client’s letter of claim sent in accordance with the Practice Direction Pre-Action Conduct and Protocols of the Civil Procedure Rules (the ‘Practice Direction’), a copy of which is enclosed for your ease of reference. We draw your attention to the final section of this letter which sets out the deadline by which your response is required, and the consequences of failing to respond properly within that time. [Your client should notify their...

View the related News about Repudiatory breach

Commercial weekly highlights—2 May 2024

This week's edition of Commercial weekly highlights includes: commentary on the decision in Ayhan Sezer v Agroinvest which sets out the approach for identifying the date of default for the purposes of the Grain and Free Trade Association standard form default clause in an anticipatory repudiatory breach situation, analysis of a case involving Meta Platforms and Austrian privacy campaigner, Max Schrems, where the Court of Justice of the European Union opined that under the EU General Data Protection Regulation social media companies cannot process data for personalised advertising indefinitely, and news that the Product Security and Telecommunications Infrastructure (Security Requirements for Relevant Connectable Products) Regulations 2023 have come into force.