Source: All England Reporter
Publisher Citation: [2006] All ER (D) 62 (Nov)
Neutral Citation: [2006] EWHC 2678 (TCC)
Court: Queen's Bench Division (Technology and Construction Court)
Judge:

Ramsey J

Representation Timothy Dutton (instructed by Howard Kennedy) for the claimants.
  Helen Galley (instructed by Paul Davidson Taylor) for the defendant.
  Stephanie Tozer (instructed by Lucas McMullan Jacobs) for the Irish parties.
Judgment Dates: 27 October 2006

Catchwords

Sale of land - Notice to complete - Validity - Effect of claim for abatement - Substantial misdescription of property - Whether defendant departing from agreed specification - Whether departures amounting to substantial misdescriptions of property.

The Case

In all the circumstances, there had been substantial misdescriptions of the flats that the claimants had agreed to purchase from the defendant so as to entitle the former to refuse to complete the sale. The court commented that, in principle, where there was a misdescription which would reduce the purchase price, a claim for abatement did affect the ability of a vendor to be ready and willing to complete. It therefore impeached any notice to complete.

Practice Areas

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