British Overseas Bank Nominees Limited v Analytical Properties Limited [2015] EWCA Civ 43
Timothy Fancourt QC and Mark Sefton appeared for the successful Appellants in British Overseas Bank Nominees Limited v Analytical Properties Limited [2015] EWCA Civ 43. The appeal concerned a contract for the sale of a shopping centre in Windsor. Completion was conditional upon the satisfaction of pre-conditions, including certification of emergency lighting. A contractual completion date was specified, but it was also provided that the certificates were to be provided as soon as reasonably practicable but in any event by the date of actual completion. Certificates were provided after the stipulated contractual completion date without completion on the contractual date having been insisted upon. The question was whether “actual completion” meant the contractual completion date, or the date on which completion in fact occurred. Reversing the decision of the judge below, the Court of Appeal agreed with the Appellants that the term “actual completion” meant the date on which completion in fact took place, which could be after the contractual date stipulated.
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