The Late Notice – 200 words

Fell Consulting Ltd entered into a three-year services agreement with Apex Manufacturing plc on 1 January 2024. The agreement permits either party to terminate by giving at least 30 days' prior written notice.

On 15 June 2026, Apex emailed Fell purporting to terminate the agreement with immediate effect. Fell rejected the termination, arguing that Apex had failed to comply with the 30-day notice requirement.

Apex subsequently argued that immediate termination was justified because Fell had failed to provide two monthly reports during the preceding month. The agreement permits immediate termination for a material breach, but only where the breaching party has first received written notice of the breach and a reasonable opportunity to remedy it.

Apex did not give Fell written notice identifying the alleged failure to provide the reports or an opportunity to remedy the breach before terminating.

Accordingly, Apex's purported immediate termination was likely ineffective. It did not comply with the agreement's 30-day notice requirement, and Apex did not satisfy the conditions for immediate termination for material breach.

Apex's immediate termination was likely ineffective because the agreement required 30 days' written notice. Although Apex could terminate immediately for material breach, it was required to give Fell written notice of the breach and an opportunity to remedy it, neither of which occurred.

• 30-day notice

• immediate termination

• alleged material breach

• requirement for written notice

• reasonable opportunity to remedy

• Apex gave neither