Owners of land (Chartbrook) made a contract with a developer (Persimmon) granting Persimmon a licence to develop the land for commercial and residential use. Planning permission was granted and the development was built. The sums payable to Chartbrook under the contract included an ‘additional residential payment’ which was to be calculated according to a defined formula. On what Chartbrook contended, and the trial judge (Briggs J) held was the correct interpretation of the contractual formula, the amount payable to Chartbrook was some pounds 4.4m.
Held: The appeal failed.
Judges:
Tuckey, Lawrence Collins LJ, Rimer Lj
Citations:
[2008] EWCA Civ 183, [2008] 11 EG 92, [2008] 2 All ER (Comm) 387
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Chartbrook Ltd v Persimmon Homes Ltd and Another ChD 2-Mar-2007
The claimants had entered into an agreement with the defendant house-builder for the development of a site which the claimants had recently acquired. The structure of the agreement was that the developer would obtain planning permission and, under . .
Cited by:
Appeal from – Chartbrook Ltd v Persimmon Homes Ltd and Others HL 1-Jul-2009
Mutual Knowledge admissible to construe contract
The parties had entered into a development contract in respect of a site in Wandsworth, under which balancing compensation was to be paid. They disagreed as to its calculation. Persimmon sought rectification to reflect the negotiations.
Held: . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 18 June 2022; Ref: scu.266154
