Akzo Nobel UK Ltd v Arista Tubes Ltd

Akzo Nobel UK Ltd v Arista Tubes Ltd

Once a valid notice under paragraph 11 of Schedule 7 of the BPA is served, it is no longer open to either party to require completion of the underleases; the effect of the notice is final and terminates the obligation to complete.

Parties
Claimant: Akzo Nobel UK Limited; Defendant: Arista Tubes Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2009
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Specific Performance, Construction of Contract Clauses, Termination of Obligations
Contract Law Specific Performance Construction of Contract Clauses Termination of Obligations

Case Brief

Summary, issues, holding and outcome

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Parties

Akzo Nobel UK Limited

Claimant

Arista Tubes Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the claimant can require completion of underleases after service of a valid notice under paragraph 11 of Schedule 7 of the BPA
  2. 2 Interpretation of paragraph 11 of Schedule 7 of the BPA regarding termination and obligations

Ratio Decidendi

Once a valid notice under paragraph 11 of Schedule 7 of the BPA is served, it is no longer open to either party to require completion of the underleases; the effect of the notice is final and terminates the obligation to complete.

Court Disposition

claim dismissed