Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2012) EWHC 1820
[edit] High Court (Chancery Division) (England and Wales) 2012
The claimant and the defendant (a construction company) entered into a contract for the construction and grant of long leases on a development scheme for which the defendant acquired the freehold. The defendant was required under the contract to proceed with 'due diligence' and to 'use reasonable endeavours' to complete the works by the target date. However, the defendant ran into financial difficulties ceased work.
The claimant alleged that this was a repudiatory breach, but did not terminate the contract for 11 months. It was the defendant who repudiated the contract.
Judgment was given in favour of the claimant.
In so doing, The court held that the defendant was in breach of the term of the contract requiring due diligence by failing to carry out the works assiduously or expeditiously. It was also held that although the breach may not have been repudiatory at the outset, it could become so over time if it deprived the innocent party of the benefit of a significant part of the contract. Negotiation over the course of the breach did not mean the claimant had affirmed the contract.
[edit] Court of Appeal (Civil Division) (England and Wales) 2013
In 2013 this decision was overturned by the Court of Appeal. It was not disputed that Telford had been in breach of contract, but the court held that an 18 month delay on a 999-year lease was not sufficient to constitute a repudiatory breach (a breach that it indicates one party no longer intends to accept its obligations under the contract, allowing the innocent party to terminate the contract and to sue for damages) and so did not entitle Ampurius to terminate the contract.
[edit] External references
Featured articles and news
Licensing construction in the UK
As the latest report and proposal to licence builders reaches Parliament.
Building Safety Alliance golden thread guidance
Extensive excel checklist of information with guidance document freely accessible.
Fair Payment Code and other payment initiatives
For fair and late payments, need to work together to add value.
Pre-planning delivery programmes and delay penalties
Proposed for housebuilders in government reform: Speeding Up Build Out.
High street health: converting a building for healthcare uses
The benefits of health centres acting as new anchor sites in the high street.
The Remarkable Pinwill Sisters: from ‘lady woodcarvers’ to professionals. Book review.
Skills gap and investment returns on apprenticeships
ECA welcomes new reports from JTL Training and The Electrotechnical Skills Partnership.
Committee report criticises UK retrofit schemes
CIOB responds to UK’s Energy Security and Net Zero Committee report.
Design and construction industry podcasts
Professional development, practice, the pandemic, platforms and podcasts. Have we missed anything?
C20 Society; Buildings at Risk List 2025
10 more buildings published with updates on the past decade of buildings featured.
Boiler Upgrade Scheme and certifications consultation
Summary of government consultation, closing 11 June 2025.
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
From project managers to rising stars, sustainability pioneers and more.
Places of Worship in Britain and Ireland, 1929-1990. Book review.