Actions speak louder than words—remedying material breaches (Bains v Arunvill Capital Ltd)

Publication Date:
24 Apr 2020


Commercial analysis: The Court of Appeal in Bains considered the proper approach to remedying material breaches of contract where contractual termination clauses are engaged and relied upon. Breach notices will require a cautious interpretation and parties would be well advised to clarify exactly what performance the contractual counter-party considers essential to remedy a breach. Bains confirms that actual performance will be necessary and merely stating an intention to perform will not go far enough. Questions of the extent of catch-up or restored performance required are left open after the decision. Written by James Saunders, barrister, at New Square Chambers.

Bains v Arunvill Capital Ltd and another [2020] EWCA Civ 545 


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© New Square Chambers Ltd : Barristers regulated by the Bar Standards Board.