In KULKARNI v GWENT HOLDINGS ( 2025 ) EWCA Civ 1206 the Court of Appeal reaffirms that , when determining whether a breach of contract is “ capable of remedy “, within the meaning of a contractual provision or a comparable statutory one, a practical rather than a technical approach is to be adopted, in which common law rules concerning repudiation have no place. Remediability means putting matters right for the future. The existence of enduring prejudice could be important, but the motive for or wilfulness of a breach would not usually matter.
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