September 29, 2025
In Kulkarni v. Gwent Holdings Ltd [2025] EWCA Civ 1206, the Court of Appeal has given an important judgment dealing with the question whether as a matter of principle a breach of contract which is repudiatory under the general law is nevertheless capable of being remedied, within the meaning of a contractual provision which requires breaches to be remedied within a fixed period after notice is served on the party in default. The judgment also discusses the legal test for determining whether a breach of contract is capable of being remedied. Jonathan Crow CVO, KC represented the successful respondent.
Read the judgment.
