Source: All England Reporter
Publisher Citation: [2008] All ER (D) 182 (Jan)
Neutral Citation: [2008] EWHC 86 (Ch)
Court: Chancery Division
Judge:

Evans-Lombe J

Representation Romie Tager QC and Philip Kremen (instructed by Alexander Marks LLP) for the claimant.
  David Holland (instructed by Rooks Rider) for the defendants.
Judgment Dates: 25 January 2008

Catchwords

Sale of land - Contract - Completion - Construction - Claimants agreeing to purchase property from defendants - Property subject to contract for sale between defendants and third party national health service trust - Completion not taking place within time-limit specified in contract - Claimant seeking summary judgment on claim for specific performance of contract - Whether court granting summary judgment.

The Case

It was trite law that the question whether a contract for the sale of land, which contained provisions prescribing a precise time for its completion, had been completed in accordance with its terms, fell to be decided on the state of the facts existing at the time prescribed for completion. In the instant case, it had been for the defendants and their solicitors to ensure that the necessary steps to enable completion had been taken. The failure to fulfil that obligation had amounted to a breach of the contract for sale. Accordingly, the claimant was entitled to summary judgment on its claim for specific performance of the contract.

Practice Areas

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