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Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

The parties disputed whether a contract had been made. The proposed contract was contained in a letter and a plan but only the plan was signed by both parties. Held: The requirements of Section 2 had not been satisfied because it was the letter which contained the contract which referred to the plan and incorporated … Continue reading Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

Keay and Another v Morris Homes (West Midlands) Ltd: CA 11 Jul 2012

The claimants sought damages alleging breach of contract. The defendants argued that the contract related to land, and since it was an oral agreement it was unenforceable under the 1989 Act. Held: It was not possible that a contract which was void under the 1989 Act could, by acts amounting to a possible part performance … Continue reading Keay and Another v Morris Homes (West Midlands) Ltd: CA 11 Jul 2012

Tootal Clothing Ltd v Guinea Properties Ltd: CA 1992

By a single commercial transaction the parties agreed to the grant of a lease, on terms that Tootal (the intending lessee), would carry out shop-fitting works, have the benefit of a three months rent-free period during the which the works were to be carried out, and on the satisfactory completion of the works, receive 30,000 … Continue reading Tootal Clothing Ltd v Guinea Properties Ltd: CA 1992

Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

The claimants owned land against which they said, the defendant had wrongfully registered notices. They sought removal of the notices, damages, and an injunction to prevent further notices being registered. The first defendant asserted an oral agreement for the purchase of the site. The claimant sought a strike out of the defence. Held: The balance … Continue reading Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

Target Holdings Ltd v Priestley and Another: ChD 8 Apr 1999

An oral contract by which a lender agreed to accept repayments of arrears under a mortgage at a certain rate was valid in law despite non-compliance with the section. It was however a contract of disposition, not an executory contract and not caught. A compromise of repayments under a mortgage was valid despite lack of … Continue reading Target Holdings Ltd v Priestley and Another: ChD 8 Apr 1999

Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995

The trial judge had dismissed a claim for rectification on the basis that the defendant hoped and suspected, but did not know, of the relevant mistake by the plaintiff. Held: Rectification was ordered because the defendant had sought to mislead the plaintiff into making the relevant mistake, the plaintiff had in fact made it, and … Continue reading Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995

Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act. Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are enforceable at the instance of the Authority only and not by third … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

North Eastern Properties Ltd v Coleman and Another: CA 19 Mar 2010

The appellants challenged specific performance orders obliging them to complete the purchase of apartments, saying that the contracts had not complied with the 1989 Act, and that their repudiation of the contracts had been accepted. The contracts had omitted an agreement for the payment of a 2% finders fee on exchange. The appellants intended to … Continue reading North Eastern Properties Ltd v Coleman and Another: CA 19 Mar 2010

Williams and Others v Redcard Ltd and Others: CA 20 Apr 2011

The parties disputed whether the defendant company had effectively executed a contract for the sale of land. Two authorised signatories of the company had signed it, but there was no wording to attribute their acts to the company. Held: The defendant’s appeal against a finding that it had executed the agreement failed. The words in … Continue reading Williams and Others v Redcard Ltd and Others: CA 20 Apr 2011

Yeoman’s Row Management Ltd and Another v Cobbe: CA 31 Jul 2006

The defendants orally agreed to sell the claimant a block of flats for andpound;12 million if he first obtained planning permission for it on terms as to a sharing of subsequent development profits. The claimant spent over andpound;100,000 and gained planning permission, whereupon the defendant resiled from the oral agreement and demanded andpound;20 million instead … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: CA 31 Jul 2006

Sharma and Another v Simposh Ltd: CA 23 Nov 2011

The parties created an oral (and therefore void) contract for a development, the claimants paid a deposit, expressed to be non-refundable, and the defendant builders completed the building work. The buyers backed out. The developer now appealed against an order for the refund of the deposit. The appeal succeeded, and the deposit was repayable: ‘The … Continue reading Sharma and Another v Simposh Ltd: CA 23 Nov 2011

Oun v Ahmad: ChD 19 Mar 2008

The parties agreed in writing for the sale of leasehold property to the claimant. One document had been signed, but later one said that it had not included an aportionment. Another document then set out the apportionment. When the defendant refused to proceed, the claimant registered a unilateral notice which the defendant challenged. The parties … Continue reading Oun v Ahmad: ChD 19 Mar 2008

McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. Time was not initially of the essence of the … Continue reading McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

Hardy and Another v Haselden and Others: CA 29 Nov 2011

The claimants had taken up occupation of a farm under an informal arrangement which they now said amounted to a tenancy for ther lives. The freeholder’s, personal representatives of the original grantors, appealed against a declaration accordingly. The respondents said that they had spent over andpound;30,000 in repairs because of the agreement. Held: The appeal … Continue reading Hardy and Another v Haselden and Others: CA 29 Nov 2011

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999

Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd; Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd: ChD 16 May 2000

Land once conveyed for the purposes of becoming a highway, became dedicated for that purpose even though no steps were ever taken for its use for that purpose. The registration of a company as proprietor by the Land Registry did not displace the dedication since the interest was an over-riding one under the Act.The dispute … Continue reading Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd; Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd: ChD 16 May 2000

Briggs and Others v Gleeds (Head Office) and Others: ChD 15 Apr 2014

The court was asked whether certain documents constituting a pension scheme had been effectively executed. They had been signed, but the signatures lacked the necessary witnessing. The scheme members claimed estoppel against the signatories. Held: There could be no estoppel where the non-compliance where a document does not even appear to comply with the 1989 … Continue reading Briggs and Others v Gleeds (Head Office) and Others: ChD 15 Apr 2014

Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005

Principles for Proprietary Estoppel A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement existed. Claims were made for a constructive trust, proprietary estoppel and restitution. Held: … Continue reading Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005

Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there were no sufficient ground for the request for and issue of the warrants. The investigation had been … Continue reading Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

Cook v The Mortgage Business Plc: CA 24 Jan 2012

The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012

Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

Ward v Arter: CA 18 Nov 1998

The respondent requested the appellant’s notice of appeal to be struck out as vexatious, on the basis that it misrepresented the nature of the judgement.
Held: The interpretation of the document was the only one available to the judge. Notice . .

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