The claimants, charitable trustees bought land with planning permission subject to an agreement by the defendant to provide roadway improvement. They deposited sums with the authority as security. The roadworks were not completed for 10 years. The claimants sought return of the sums deposited as no longer required.
Held: The claimants had to permit a drawdown unless, and until, the obligation was discharged or modified, as a matter of judgment for the engineer, however the claimants were granted an inquiry on damages from the defendant not having been completed the work within the requisite period.
England and Wales
Updated: 30 April 2022; Ref: scu.200442