Pitfalls and Risks That May Arise From Giving an Inadequate Notice of Termination Under English Law

The essence of Andrew Baker J’s decision in the Phones 4U case was that, regardless of whether or not Phones 4U was in repudiatory breach at the time of EE’s termination of the relevant contract, EE could not recover “loss of bargain” damages for repudiatory breach at common law because the language of EE’s notice of termination was such that, objectively, EE relied solely upon an express contractual right of termination and not upon any right to terminate for repudiatory breach.