An option was granted for the sale of land subject to planning consent being granted. Eventually it was sought to exercise the option in respect of part only of the land.
Held: Though words in the contract made reference to all or part of the land, the references to the planning application were to the whole site, and in this context the option became exercisable only on the grant of permission for a substantial part of the site. This was not a substantial part. Landscaping works on other parts of the site would not count as development against this background and business context.
Lords Justice Thorpe, Rix and Arden
Gazette 20-Jun-2002,  EWCA Civ 982
England and Wales
Cited – Investors Compensation Scheme Ltd v West Bromwich Building Society HL 19-Jun-1997
Account taken of circumstances wihout ambiguity
The respondent gave advice on home income plans. The individual claimants had assigned their initial claims to the scheme, but later sought also to have their mortgages in favour of the respondent set aside.
Held: Investors having once . .
These lists may be incomplete.
Updated: 08 January 2021; Ref: scu.174059