The parties had settled a boundary dispute in 1994 with a consent order, but the terms of the order had been difficult to implement. The respondent appealed an order declaring the consent order void for uncertainty.
Held: The appeal succeeded. There was no authority for declaring a consent order void. To be avoided it would have to be legally or practically impossible to give to the agreement any sensible content. The Scammells had not done anything to challenge the order and not sought to try to clarify the order but had sought straight away to have it set aside. It was clear that this was mere regret at their bargain.
Judges:
Ward, Rix LJJ
Citations:
[2005] EWCA Civ 405, Times 27-Apr-2005
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Scammell and Nephew Ltd v HJ and JG Ouston HL 1941
There was an agreement for a purchase on ‘hire-purchase terms’ It was challenged as being too uncertain.
Held: There were many possible forms of such an agreement. The agreement was void for uncertainty. Lord Wright: ‘There are in my opinion . .
See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Cited – Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery Ad Cross CA 22-Mar-2001
The court always leans against a conclusion which will leave parties who clearly intended to contract without a legally binding contract, and that this is the more so where they have acted as though they were bound. The court strains to supply . .
Cited by:
See Also – Scammell and Others v Dicker CA 21-Dec-2000
A part 36 offer can be withdrawn at any time before it is accepted or expires. The rules can not force an offer to be left open. Clear words would have been required within the rules to impose such an obligation. The actual words referred to offers . .
Lists of cited by and citing cases may be incomplete.
Land, Litigation Practice
Updated: 29 June 2022; Ref: scu.224255