header-logo header-logo

Buyers beware

23 October 2015 / Ffion Flockhart , Charlie Weston-Simons
Issue: 7673 / Categories: Features , Commercial
printer mail-detail
nlj_7673_simons

Ffion Flockhart & Charlie Weston-Simons highlight the importance of complying with SPA notice provisions

Notice provisions are a common feature of most commercial contracts, prescribing how contractual notices are to be served, when and in what form. In many cases, a notice provision will be included for administrative convenience, with the primary aim of ensuring that a contractual communication is brought to the attention of the intended recipient, with no obviously material consequences attached to non-compliance. However, not all such clauses are so innocuous. In certain instances, the penalties for non-compliance may be very significant indeed; two paradigm and much-litigated examples being, in the real estate context, notices to quit and, in the insurance context, notifications of circumstances. If a notice to quit is wrongly worded, it can make the difference between exercising a break clause under a lease or being bound in to the lease for a further, unwanted period. Similarly, a notification which does not meet the specific requirements of the liability insurance policy under which it is given may have serious repercussions for future

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll