Dear [insert name of authorised representative of the counter-party], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We act] for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by failing to pay £[insert amount] (Debt) to our client by [insert due date] as required by Clause [insert number]. [Clause [insert number] constitutes [an essential OR a fundamental] term by virtue of Clause [insert number]. OR Our client asserts that Clause [insert number] constitutes [an essential OR a fundamental]

Dear [insert name of authorised representative of the counter-party], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We act] for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by[ failing to] [insert description of breach], contrary to

Dear [insert name of authorised representative of the counter-party], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We] act for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by [failing to] [insert description of breach], contrary to Clause [insert number]. 4 [Time is of the essence for performance of [insert counter-party short

Dear [insert name of authorised representative of the counter-party], [insert name of agreement]: [insert client name] and [insert counter-party name] 1 [As you are aware, we OR We] act for [insert client name] (our client). 2 Our client and [insert counter-party name] ([insert short name]) are parties to a [insert agreement name] dated [insert date] (Agreement). 3 We are instructed that [insert counter-party short name] has breached the Agreement by [failing to] [insert description of breach], contrary to Clause [insert number].

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.

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.

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.

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,

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

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

This Practice Note explains what happens if a person breaches the terms of a domestic abuse protection order (DAPO) made under the Domestic Abuse Act 2021 (DAA 2021) in a court operating under the pilot scheme contained in Family Procedure Rules 2010 (FPR 2010), in particular FPR 2010, PD 36ZG. It explains that breach of a DAPO is a criminal offence and sets out the penalties and procedural matters relating to such breaches. It also details the procedure for an application for a warrant of arrest. Under DAA 2021, a DAPO is an order which, for the purpose of preventing a person (P) from being abusive towards a person aged 16 or over to whom P is personally connected: • prohibits P from doing things described in the order, or • requires P to do things described in the order See Practice Note: Domestic abuse protection orders in the Family Court, in particular, What is a DAPO? The provisions of DAA 2021 have been brought into force in stages. Note that the

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.