Source: All England Reporter
Publisher Citation: [2013] All ER (D) 332 (Oct)
Neutral Citation: [2013] EWHC 3272 (Ch)
Court: Chancery Division

Nicholas Strauss QC sitting as a deputy judge

Representation M Stevens-Hoare QC and Lina Mattsson (instructed by Berry & Berry LLP) for the claimants.
  Philip Rainey QC and Carl Fain (instructed by Howard Kennedy Fsi LLP) for the defendant.
Judgment Dates: 28 October 2013


Sale of land - Contract - Formation - Parties entering into agreement with defendant company to purchase leases on hotel rooms in development - Claimants subsequently seeking declarations that no contract existing or, alternatively, recision and return of deposit monies - Whether valid and binding contracts existing - Whether binding contracts existing - Whether contract properly worded - Whether contract void for uncertainty.

The Case

Sale of land Contract. The proceedings concerned the alleged purchase by the claimants of shares in rooms in a hotel block. The six claimants sought declarations that there had been no contract between them and the defendant company or, alternatively, alternatively recision of any contract, for the purchase of the leases, and for the refund of deposits paid by them to the defendant. The Chancery Division held that, among other things, valid contracts had existed between the defendant and four of the six claimants. The second and third defendants' contracts would not be considered valid, as they had never become parties to the proposed contracts.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.