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England and Wales decisions
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The Upper Tribunal held that time was of the essence for a lease clause requiring prior notice of estimated service charges, so a late 2024 notice did not make the interim charges payable in advance.
The provision of invoices and supporting documentation was a condition precedent to Saudia's entitlement to reimbursement under clause 7.2, but late provision does not necessarily extinguish the right to claim reimbursement unless the contract clearly stipulates such a consequence. The issue requires further determination at trial, potentially informed by expert evidence on market practice.
Source excerpt
Saudi Arabian Airlines Corporation v Sprite Aviation No. 6 DAC [2024] EWHC 371 (Comm) (13 March 2024)
Preliminary issue on whether late invoices barred reimbursement under an aircraft lease. The court held the issue needed a full trial and possible expert evidence.
DD Classics Ltd v Chen [2022] EWHC 1357 (Comm) (29 March 2022)
Summary judgment application in a Ferrari sale dispute. The court held time for payment was not of the essence and that any termination right had been lost by affirmation.
Pharmapac (UK) Ltd v HBS Healthcare Ltd [2022] EWHC 23 (Comm) (7 January 2022)
Commercial contract dispute over facemask deliveries during the pandemic. The court held time was of the essence, the buyer validly terminated, and ordered repayment.
Kensquare Ltd v Boakye [2021] EWCA Civ 1725 (22 November 2021)
The Court of Appeal held that late notice to raise interim service charges was ineffective, upheld recovery of section 146-related litigation costs as an administration charge, and rejected service-charge recovery of litigation costs.
Alegrow SA v Yayla Agro Gida San Ve Nak AS [2020] EWHC 1845 (Comm) (10 July 2020)
Commercial Court allowed a section 69 appeal in a GAFTA rice dispute, holding that Alegrow was not required to provide a shipment schedule and had not repudiated the contract.
The High Court allowed an appeal under section 69 of the Arbitration Act 1996, holding the buyer could not demand a shipment schedule and the seller was not in repudiatory breach.
Get Nominees Limited v Trinity Welsh Homes Limited [2014] EWHC 4737 (Ch) (09 September 2014)
The High Court held that time was of the essence for a contractual rescission right, so the defendant’s late rescission was invalid and specific performance followed.
The High Court held that time was of the essence for a contractual right to rescind a land sale agreement, so the buyer’s late rescission was invalid.
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