The first defendant appealed the award of interest on an order for specific performance of a contract for the sale of land. It had declined to complete the purchase because the seller had not been registered as proprietor of the land, and the transfer to it had not been stamped.
Held: The transfer to the seller would not be stamped until after completion, and that was not a good reason for delaying completion. Interest was payable from the date requested for completion since the seller was able to complete on that date.
Judges:
Sir Andrew Morritt, Vice-Chancellor, Lord Justice Mantell and Lord Justice Tuckey
Citations:
Times 05-Apr-2002, [2002] EWCA Civ 296
Links:
Statutes:
Land Registration Act 1925 37 110(5)
Jurisdiction:
England and Wales
Citing:
Cited – Urban Manor Limited v Sadiq CA 20-Feb-1997
Appeal by prospective purchaser of property from order that contract rescinded, and deposit forfeited. . .
Lists of cited by and citing cases may be incomplete.
Contract, Land, Registered Land
Updated: 05 June 2022; Ref: scu.168084