Home / Property / Transferring property / Contracts

Legal News

Assessing the damage of withdrawal in a falling property market

Copyright © 2025 LexisNexis

Published on: 01 March 2013

Published by a LexisNexis Property expert

Table of contents

Original news
What was the key issue in the case?
Did the court clarify the law on the date for assessment of damages for repudiation of contract by a buyer?
Why was the date for assessment not the breach date in this instance?
Would the outcome have been different if the seller had not taken steps in mitigation?
What should lawyers advise their seller clients in a falling market?

Article summary

Property analysis: At what date should damages be assessed for breach of contract? Paul Greatholder, partner in the contentious property department of Russell-Cooke LLP, examines the Court of Appeal’s decision on that question in the context of a buyer in a falling property market withdrawing after exchange of contracts.

Popular documents

Standard Commercial Property Conditions (Second Edition)

Standard Commercial Property Conditions (Second Edition)The second edition of the Standard Commercial Property Conditions came into force on 1 June 2004 and those conditions were incorporated into many contracts for the sale and purchase of commercial property. The Standard

Title pending registration—acting on the acquisition of an interest in land

Title pending registration—acting on the acquisition of an interest in landThis Practice Note sets out the legal position if a party disposing of an interest in land (the seller) is not registered as the proprietor at HM Land Registry and has either:•made an application to be registered as the

Are there any obligations on a seller's conveyancer to assist with requisitions raised by HM Land

Are there any obligations on a seller's conveyancer to assist with requisitions raised by HM Land Registry of the purchaser's solicitor where no undertaking to do so has been given?Even if an express undertaking to assist with requisitions has not been given, the effect of the covenants implied

Is there a definition of 'disposition' in the Land Registration Rules 2003? If not, what is the

Is there a definition of 'disposition' in the Land Registration Rules 2003? If not, what is the definition that should be applied in relation to these rules?Although each uses it quite freely, neither the rules nor the Act which they amplify (the Land Registration Act 2002 (LRA 2002)) contains a