Source: All England Reporter
Publisher Citation: [2007] All ER (D) 317 (Jun)
Neutral Citation: [2007] EWCA Civ 622
Court: Court of Appeal, Civil Division

Sir Andrew Morritt C, May and Lloyd LJJ

Representation Mark Warwick (instructed by Howard Kennedy) for the claimant.
  Jonathan Ferris (instructed by Michael Conn Goldsobel) for the defendant.
Judgment Dates: 27 June 2007


Contract - Collateral contract - Promise or assurance as to performance of contract - Lease - Repairing covenants - Whether lessor precluded from enforcing repairing covenants by a collateral contract arising from communications between parties concluding with execution of new lease.

The Case

Contract Collateral contract. In a normal conveyancing transaction in a commercial context with both parties represented by experienced solicitors the usual course of dealing was to ensure that all agreed terms were put into the contract and conveyance, transfer or lease. Accordingly those who asserted a collateral contract in relation to a term not so contained had to show that it was intended to have contractual effect separate from the normal conveyancing documents. Otherwise it would be invalidated by s2 of the even if evidence as to its existence was admitted.

Practice Areas

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