Source: All England Reporter
Publisher Citation: [2013] All ER (D) 219 (May)
Court: Chancery Division, Manchester District Registry
Judge:

Cawson QC sitting as a deputy judge of the High Court

Representation Michel Hartman (instructed under the Public Access Scheme) for the claimants.
  Benjamin Wood (instructed by Drydens Solicitors) for the first defendant.
  Eva Ferguson (instructed by DAC Beachcroft LLP) for the second defendant.
Judgment Dates: 17 May 2013

Catchwords

Contract - Breach of contract - Preliminary issue - Claimants being legal owners of buy-to-let properties charged to first defendant - Mortgage accounts falling into arrears and first defendant appointing receivers - Claimants alleging breach of oral contract to effect that relevant properties would be returned to them if arrears cleared - Preliminary issue arising as to whether oral contract made as alleged - Whether legally enforceable oral agreement being made between claimants and defendants.

The Case

Contract Breach of contract. The claimants sought, against the defendants, damages for breach of contract, and an order for possession and control of buy-to-let properties charged by the claimants to the first defendant Mortgage Express. Receivers from the second defendant firm had been appointed after the mortgage accounts had fallen into arrears. The claimants alleged that the defendants had breached an oral agreement under which the relevant properties would be returned to the claimants if the arrears were cleared. The Chancery Division, Manchester District Registry, in considering a preliminary issue, held that no legal enforceable oral agreement had been made as alleged by the claimants.

Practice Areas

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