Source: All England Reporter
Publisher Citation: [2002] All ER (D) 332 (Jul)
Court: Chancery Division

Nicholas Strauss QC sitting as a deputy judge of the High Court

Representation Jonathan Brock QC (instructed by Fuglers) for the claimant.
  Sara Hargreaves (instructed by Mark Norman) for the local authority.
Judgment Dates: 23 July 2002


Specific performance - Contract for sale of land - Construction - Contract for sale of certain property requiring claimant to seek planning permission - Claimant failing to obtain relevant planning permission - Claimant subsequently seeking specific performance of contract - Whether contract entitling claimant to complete purchase before obtaining planning permission - Whether permission should be granted.

The Case

The claimant's application for specific performance in relation to a contract under which the defendant local authority agreed to sell certain property to the claimant was not granted, on the ground that certain issues with regard to obtaining the relevant consent for disposal of the property under the and the were arguable. However, other issues relating to the construction of the contract were decided in the claimant's favour.

Practice Areas

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