Prospective

Part 2 S Remedies for Breach of Contract

Contractual retention S

24 Contractual retention in proceedings S

(1) In proceedings disputing a contractual retention on the basis of section 22(4), it is for the party disputing the contractual retention to show that the contractual retention is clearly disproportionate to the breach or anticipatory breach.

(2) In proceedings for breach of contract, it is a defence for a party to show that their failure to perform an obligation constitutes contractual retention.

Commencement Information

I1 S. 24 not in force at Royal Assent, see s. 29(2)