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Non-completion - interest Print

If a buyer delays completion, then the seller can claim interest under Standard Condition 7.3. But, it is important to appreciate that 7.3 provides a regime for late completion, not non-completion. Thus, if the seller rescinds the contract (because of the buyer’s failure to complete), then the seller will no longer be entitled to interest under the contract. Instead, they will have to ask the court to exercise its discretion to award interest under s35A Senior Courts Act 1981 (previously known as the Supreme Court Act 1981). Ng v Ashley King [2010] EWHC 456 (Ch) (access free at www.practicalconveyancing.co.uk).

June 2010
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