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GLOSSARY
A claim to protect confidential information. Typically, the information concerned must: have the necessary quality of confidence; have been communicated to a recipient in circumstances imparting on obligation of confidence; and been used in an unauthorised manner.
NEWS
In an application for summary judgement dismissing a claim for damages for breach of contract, the court applied the Bwllfa principle (Bwllfa and Merthyr Dare Steam Colleries (1891) Limited v Pontypridd Water Works [1903] AC 426) and admitted evidence of what had happened between the event giving rise to the breach of contract and the trial when assessing the damages due. The case demonstrates the court’s ability to consider the effect of events that have taken place after the date of the breach in order to assess the innocent party’s loss. On the facts of the case, to have found otherwise would have been to award not damages to the Claimant (i.e. a compensatory payment to put him in the same position he would have been in but for the allegedly negligent advice), but a windfall benefit.
GLOSSARY
A breach of a term of a lease where a tenant has covenanted (agreed) to do, or to not do something, such as to pay rent or not to part with possession. If an express right is reserved in the lease, the breach may entitle the landlord to forfeit.
PRACTICE NOTES
STOP PRESS: The Contract (Formation and Remedies) (Scotland) Act 2026 (C(FR)(S)A 2026) received Royal Assent on 14 April 2026. It makes provision in relation to the formation of contracts and certain remedies for breach of contract in Scotland, including rules on offer and acceptance, notification, contractual retention, mutuality, rescission for breach and contributory negligence in breach of contract claims. At present, only C(FR)(S)A 2026, ss 15, 27, 28, 29 and 30 are in force. These cover interpretation of Part 1, the general saving provision, ancillary provision, commencement and the short title. The substantive provisions on contract formation and remedies for breach are not yet in force and will come into force on such day or days as the Scottish Ministers appoint by regulations. Missives The most common form of contract in Scottish property transactions is missives of sale, see for example, the Property Standardisation (PSG) PSG—Offers. The contract is formed by parties (or more commonly their agents) exchanging letters of offer and acceptance which together form the missives. Typically,
PRACTICE NOTES
This Practice Note explains the procedure to be followed when a breach of a deferred prosecution agreement (DPA) is suspected and the consequences of proving a breach for the organisation and the prosecutor. The procedure for the circumstances in which a prosecutor believes that an organisation may be in breach of a DPA is set out in paragraph 9 of Schedule 17 Part 1 to the Crime and Courts Act 2013 (CCA 2013). Breach of a DPA CCA 2013, Sch 17 Pt 1, para 9(1) provides that, where the prosecutor believes that the organisation has failed to comply with the terms of the DPA, the prosecutor may make an application to the Crown Court to make a finding to that effect. This creates an element of discretion to be exercised on the part of the prosecutor as to whether to institute formal proceedings for breach. As to whether the High Court has jurisdiction to entertain judicial review proceedings for the failure of the Serious Fraud Office (SFO) to enforce breach of a DPA, see the comments made
PRACTICE NOTES
This Practice Note reflects the procedural code for sentencing offenders in England and Wales (the Sentencing Code), as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code. Breach of a community order SA 2020, Sch 10 governs what happens if there is a breach of a community order imposed by a magistrates' court or Crown Court as well as the amendment, revocation and termination of community orders. For further information on amending, revoking or terminating a community order, see Practice Note: Amendment, revocation and termination of community orders. A breach of a 'community order' will occur if an offender has failed, without reasonable excuse, to comply with any of the requirements of the order imposed by the court. This includes the requirement to keep in touch with their ‘responsible officer’ and not to move home without their consent or without a further order of the court (as applicable). Where certain conditions are met, a community order
NEWS
Dispute Resolution analysis: In Priyanka Shipping Ltd v Glory Bulk Shipping Pte Ltd, the court granted an injunction to restrain breach of a clause which required the buyer of a vessel not to use it for trading (or to sell it to a third party for any purpose other than demolition), but held that the seller was not entitled to negotiating damages for past breaches of the same clause. Written by Kristina Lukacova, barrister, at New Square Chambers.
PRACTICE NOTES
This Practice Note describes the consequences of breaching an order to attend for questioning made under CPR 71.2, including a suspended order punishing the breach and the eventual issuing of a warrant for arrest or committal. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further: Court specific guidance below. For an introduction to the CPR 71 procedure, including who is entitled to use it, see Practice Note: Obtaining information about judgment debtors under CPR 71—general principles. For guidance on the procedure for seeking an order under CPR 71, see Practice Note: Obtaining information about judgment debtors under CPR 71—making the application. For guidance on the oral examination itself, see Practice Note: Obtaining information about judgment debtors under CPR 71—the examination. A streamlined contempt procedure CPR 71.8 provides a simplified procedure for obtaining an order punishing someone who has failed to comply with an
GLOSSARY
If an accused person released on bail breaches their bail by failing to surrender or breaching a condition of their bail they may be arrested and returned to custody.
NEWS
Personal Injury analysis: Dan Isaac, senior associate at Enable Law, explains the background to the case of Spearman v Royal United Bath Hospitals NHS Foundation Trust and considers the implications of the High Court judgment.
GLOSSARY
When a party to a formal agreement (contract) breaks a condition (term) of that contract.
PRACTICE NOTES
Scope of Practice Note This Practice Note on breach of contract considers what may amount to a breach of contract, how the courts approach such assessment with reference to contractual interpretation of the parties’ obligations (and including the ‘principle of futility’ and the ‘prevention principle’), the remedies for breach, ie an express contractual right to terminate for breach or termination under the common law doctrine of repudiatory breach, and the availability of damages for contractual breach. Note: a breach of contract may (but will not always) result in the agreement being brought to an end. However, there are many more ways that a contract can be terminated other than by breach and there are other instances where a contract may be treated as void or rescinded. For guidance on these issues, see Practice Notes: • Termination and expiry of contracts • Terminating commercial contracts • Contract termination—checklist and more generally: Terminating contracts—how and when a contract ends—overview. For the purposes of this Practice Note, we use the terms: • defaulting party—for the party (alleged to