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Failure to terminate in the way specified in the contract made termination invalid

Parties giving notice under a contract should ensure they stick precisely to the notice provisions in the contract, or obtain a formal waiver and consent to some other way of giving notices, the High Court has confirmed.

A football club failed to provide another company with an allocation of tickets to sell, as it was contractually obliged to, after the club made it to the FA Cup Final.

The club said it had grounds to terminate the contract, and purported to do so by email. However, the contract provided that notices such as termination notices had to be in writing, delivered by hand or first class post to the registered office, or sent by fax. The company therefore argued the notice was not valid.

The court ruled that in the absence of any waiver by the company, the football club could only terminate by giving notice in the manner required by the contract. The email notice was therefore invalid.

Operative date

• Now

Recommendation

• Parties giving notice under a contract should ensure they either stick to the letter of the contract, or obtain a formal waiver and consent to some other way of giving notices.
Case ref: Ticket2Final OU v Wigan Athletic AFC Ltd [2015] EWHC 61b

18 May 2015

Jonathan Waters has over 12 years of experience advising businesses in relation to commercial disputes and how to avoid or resolve them. He has a particular interest in construction law and adjudication, and he is currently studying for an Msc in Construction Law & Dispute Resolution at King’s College. Before starting Helix Law, he was the partner in charge of Commercial Litigation, Employment Law and Property Litigation at Stephen Rimmer LLP. He has a degree in Business Administration and before qualifying as a solicitor he worked in industry and investment banking for over a decade.

This article is written to raise awareness of the issues it discusses and it may not be updated after it is first written, even if the law changes. It is not intended to be legal advice and cannot be relied on as such. Helix Law is not responsible or liable for any action taken or not taken as a result of  this article. If you think the matters set out affect you and you wish to apply them to your particular circumstances then we are happy to give you free initial telephone advice. 

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