Embankment Place Hotels (Blackfriars) Ltd. v Blackfriars Hotels Ltd. & Anor [2003] EWCA Civ 588 (10 April 2003)

Embankment Place Hotels (Blackfriars) Ltd. v Blackfriars Hotels Ltd. & Anor [2003] EWCA Civ 588 (10 April 2003)

A valid notice under paragraph 13.1 of Schedule 2 required the developer to specify the date by which it would have complied with its obligations, with at least eight weeks' notice. Neither the 4 January 2002 nor the 11 April 2002 letters specified such a date or period, and thus did not constitute valid notices under the agreement.

Citation
[2003] EWCA Civ 588
Parties
Claimant/appellant: Embankment Place Hotels (Blackfriars) Limited; Defendant/respondent: Blackfriars Hotels Limited; Defendant/respondent: Six Continents Hotels (UK) Limited
Jurisdiction
England and Wales
Judgment Date
10 April 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Construction of Contractual Notices, Development Agreements, Notice Requirements, Interpretation of Commercial Contracts
Contract Law Commercial Law Construction of Contractual Notices Development Agreements Notice Requirements Interpretation of Commercial Contracts

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Parties

Embankment Place Hotels (Blackfriars) Limited

Claimant/appellant

Blackfriars Hotels Limited

Defendant/respondent

Six Continents Hotels (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the letters of 4 January 2002 and 11 April 2002 constituted valid notice under paragraph 13.1 of Schedule 2 of the development agreement
  2. 2 Whether paragraph 13.1 required specification of a date by which obligations would be fulfilled

Ratio Decidendi

A valid notice under paragraph 13.1 of Schedule 2 required the developer to specify the date by which it would have complied with its obligations, with at least eight weeks' notice. Neither the 4 January 2002 nor the 11 April 2002 letters specified such a date or period, and thus did not constitute valid notices under the agreement.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay the respondents' costs assessed in the sum of £35,139
  • Permission to appeal to the House of Lords refused