Source: All England Reporter
Publisher Citation: [2009] All ER (D) 116 (Jan)
Neutral Citation: [2009] EWHC 003 (Ch)
Court: Chancery Division, Birmingham District Registry
Judge:

Stephen Smith QC sitting as a deputy judge of the High Court

Judgment Dates: 7 January 2009

Catchwords

Contract - Enforceability - Loan - Claimant lending money to facilitate purchase of property - Agreement not in writing - Whether agreement contract for the sale or disposition of an interest in land - Whether .

The Case

Contract Enforceability. Chancery Division: A loan made by the second claimant to defendants for the purchase of a property was enforceable. The fact that the loan agreement was not set out in writing made no difference to its enforceability as of the Law of Property (Miscellaneous provisions) Act 1989 applied only to an executory contract for the sale or disposition of an interest in land.

Practice Areas

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