| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 117 (Mar) |
| Neutral Citation: | [2012] EWCA Civ 233 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Arden, Black LJJ and Sir John Chadwick |
| Representation | Andrew Charman (instructed by Gateley LLP) for the claimant. |
| Edward Pepperall (instructed by Shoosmiths) for the defendant. | |
| Judgment Dates: | 1 March 2012 |
Catchwords
Sale of land - Purchaser's lien - Claimant leaseholder contracting to sell leasehold back to defendant freeholder - Purchase price not paid - Claimant obtaining judgment establishing unpaid seller's lien over property - Defendant appealing - Whether lien compatible with contract of sale.
The Case
Sale of land Purchaser's lien. The Court of Appeal, Civil Division, held that the judge erred in finding that an unpaid seller's lien had arisen where the defendant company, in administration, had failed to pay the balance of the purchase price on a leasehold, inter alia on the ground that the lien was incompatible with the commercial intention of the parties to merge the leasehold with the freehold interest on completion.
Practice Areas
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
