CA-2024-001924 - [2025] EWCA Civ 1206

Mr Butler submitted that, as a matter of law, a repudiatory breach of the SHA can never be “capable of remedy” for the purposes of clause 7.1(d) of the SHA. Since it is not disputed that the A Shares Breach and the Termination Breach were repudiatory, it follows, so Mr Butler argued, that the appeal must be allowed. There can have been no need for SHA’s board to serve a notice to remedy.