Source: All England Reporter
Publisher Citation: [2005] All ER (D) 357 (Nov)
Neutral Citation: [2005] EWHC 2686 (Ch)
Court: Chancery Division
Judge:

Warren J

Representation Gregory Hill (instructed by Marrons) for the claimant.
  Timothy Fancourt QC (instructed by Nabarro Nathanson) for the defendants.
Judgment Dates: 25 November 2005

Catchwords

Contract - Implied term - Circumstances in which term should be implied - Contract creating obligation on parties to construct bypass - Claimant claiming existence of implied term giving rise to rights to enter specified land to construct bypass - Whether term could be implied - , s 106(1).

The Case

The court granted the claimant's application for, inter alia, a declaration that he had the right to enter certain land to construct a bypass in accordance with the relevant provisions of the agreement between the parties which was made pursuant to s106 of the where the court was satisfied that in the circumstances such a term could be implied into that agreement.

Practice Areas

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