The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually the mortgagee had the claim against it struck out under Order 14A.
Held: Section 2 has introduced a new regime. Old authorities on Section 40 of the Law of Property Act 1925, and indeed Section 4 of the Statute of Frauds 1677, are not necessarily of much, if any, assistance in its interpretation. An application to strike out proceedings as an abuse of process is an even more summary procedure involving less consideration of the merits, although inevitably involving some consideration of the merits, than summary judgment given under Order 14 or Order 86. The claimant was not to be allowed to adduce further evidence given his delay, and his application to amend was struck out.
Citations:
[1998] EWCA Civ 361
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2, Law of Property Act 1925 40
Jurisdiction:
England and Wales
Citing:
Cited – Firstpost Homes Ltd v Johnson and Others CA 14-Aug-1995
The parties disputed whether a contract had been made. The proposed contract was contained in a letter and a plan but only the plan was signed by both parties.
Held: The requirements of Section 2 had not been satisfied because it was the . .
Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA 18-Jun-1996
The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Langdale v Danby HL 1982
Summary judgment had been given under Order 86. A solicitor had acted gratuitously and in good faith for the other party in the sale of a cottage, subject to an option to repurchase the cottage at the same price after 21 years. He obtained summary . .
Cited – Williams v Attridge Solicitors (a Firm) CA 8-Jul-1997
The solicitor-defendants were seeking to prove a negative and to show at the very outset of the proceedings that the claim should be struck out without the need for any further inquiry. The court considered the admission of new evidence on an appeal . .
leave to Appeal – Rudra v National and Provincial Building Society; Stickley and Kent (Risk Management Unit) Ltd CA 22-Aug-1997
Before the auction, the estate agents had signed a contract to sell the house to the claimant. The Society, as mortgagees, said that the agents did not have authority to bind it, and that the contract did not sufficiently identify the property so as . .
Lists of cited by and citing cases may be incomplete.
Land, Contract
Updated: 14 November 2022; Ref: scu.143839