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05 September 2013
Issue: 7574 / Categories: Features , Property
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I’ve started so I’ll finish

Katherine Waller investigates the potentially “puzzling” area surrounding notices to complete

The economic crisis has triggered a flurry of case law where either developers or purchasers have failed to complete on sale and purchase contracts, mainly due to funding issues. These cases are particularly prevalent in “off-plan” purchases, where buyers exchange contracts on a property that is not yet built.

Off-plan purchases have gained momentum recently, particularly with overseas buyers. Take the residential apartments at Battersea Power Station: nearly all of the Phase 1 apartments have been sold, predominantly to overseas investors. With off-plan transactions flourishing, the recent case of Urban I (Blonk Street) Ltd v Ayres and another [2013] EWCA Civ 816, [2013] All ER (D) 77 (Jul) highlights the risk for buyers who are relying on mortgage finance. The case is also important as it sets out the effects of serving a notice to complete and what constitutes a repudiatory breach to entitle an innocent party to terminate the contract.

The facts

Mr and Mrs Ayres entered into a contract on 25 January 2007 with Urban I (the developer) to purchase

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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