Source: All England Reporter
Publisher Citation: [2002] All ER (D) 135 (Jan)
Court: Court of Appeal, Civil Division

Schiemann, Chadwick LJJ and Sir Christopher Staughton

Representation Leslie Blohm (instructed by Hugh James Ford Simey, Exeter) for the claimant.
  Paul Dickens (instructed by Over Taylor Biggs, Exeter) for the defendant.
Judgment Dates: 21 January 2002


Contract - Sale of land - Construction - Conditional agreement for sale of land by vendor depending upon grant of planning permission to purchaser - Purchaser assigning rights under agreement to defendant without vendor's knowledge - Grant of planning permission to defendant - Judge finding agreement not rendered unconditional where vendor unaware of defendant's identity - Whether judge in error.

The Case

On the true construction of a conditional agreement for the sale of land, the vendor's obligation under the contract had not been triggered by the grant of planning permission as the vendor had not been aware that the purchaser's interest had been assigned to the defendant, and the planning application had been made by the defendant rather than the original purchaser assumed in the contract.

Practice Areas

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