The principles of contract law are of little use when looking at the course of negotiations in divorce ancillary proceedings. In the case of a dispute the court must use its own discretion to determine whether agreement had been reached. Thorpe LJ said: ‘ordinary contractual principles do not determine the issues in this appeal. This … Continue reading Xydhias v Xydhias: CA 21 Dec 1998
Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which … Continue reading Jelson Ltd v Derbyshire County Council: CA 1 Aug 1999
Neuberger J decided that he could not follow the court in Jelson, saying: ‘The defendant’s case is that the reference to ‘the parties’ in s.2(3) is to the parties to the proposed conveyance or transfer. Two strands of authority are put forward as supporting that contention. First, that the purpose of s. 2 was to … Continue reading R G Kensington Management Co Ltd v Hutchinson IDH Ltd: ChD 2003
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
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