Trial of an action under which the claimant seeks specific performance of an agreement made between itself and the defendant dated 22 June 2010 relating to a freehold property at Bethel Road, Caernarfon, Gwynedd for a sum of andpound;613,500. The claimant was the seller, and the defendant was the buyer. The seller argued that an option agreement had lapsed after a failure to meet a time condition. The buyer argued that time was not of the essence.
Purle QC HHJ
 EWHC 4737 (Ch)
Cited – Rockeagle Ltd v Alsop Wilkinson CA 1991
The position of a stakeholder and the two potential claimants to a stake is the subject of a tripartite contract. The relationship between the stakeholder and the two potential claimants is contractual, not fiduciary. The money is not trust money. . .
Lists of cited by and citing cases may be incomplete.
Updated: 02 January 2022; Ref: scu.550163