The claimant sought rescission of a consent order for specific performance made in an earlier action. The purchasers had not complied simply with the order, but had sought to bring back certain parts of the original contract.
Held: Once an order for specific performance has been made, the matter of how the contract is to be performed lies with the court, not the parties. The consent order itself referred back to the contract, and the remaining conditions still applied. The consent order should not be rescinded on these grounds. The seller had refused to complete without delivering a deed of rectification, nevertheless that would not in the circumstances pose any practical problem.
Judges:
Lord Justice Laws, Lord Justice Mummery, Sir Anthony Evans
Citations:
[2001] EWCA Civ 1220
Statutes:
Land Registration Act 1925 110(2)
Jurisdiction:
England and Wales
Citing:
Cited – Singh v Nazeer 1979
Once an order for specific performance has been made by the court, the parties have put it into the hands of the court as to how the contract is to be carried out. The provisions of the order regulate how the contract is to be carried out. The . .
Lists of cited by and citing cases may be incomplete.
Land, Contract, Litigation Practice, Registered Land
Updated: 12 April 2022; Ref: scu.159907