Freund v Charles Scott Developments (South Devon) Ltd [2002] EWCA Civ 106 (21 January 2002)

Freund v Charles Scott Developments (South Devon) Ltd [2002] EWCA Civ 106 (21 January 2002)

The contract required planning permission to be obtained by or on behalf of the purchaser (Trident). The assignee (Charles Scott Developments) did not give notice of assignment to the vendor before obtaining planning permission, so the condition precedent was not satisfied. The vendor was not bound to convey the property to the assignee.

Citation
[2002] EWCA Civ 106
Parties
Claimant/respondent: George Freund; Defendant/appellant: Charles Scott Developments (South Devon) Ltd
Jurisdiction
England and Wales
Judgment Date
21 January 2002
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Assignment of Contract, Conditional Contracts, Planning Permission, Notice Requirements, Estoppel
Contract Law Property Law Assignment of Contract Conditional Contracts Planning Permission Notice Requirements Estoppel

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Parties

George Freund

Claimant/respondent

Charles Scott Developments (South Devon) Ltd

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the benefit of a conditional contract for sale of land can be enforced by an assignee where planning permission was obtained by the assignee before notice of assignment was given to the vendor
  2. 2 Whether the planning permission obtained by or on behalf of the assignee satisfies the contract's condition precedent
  3. 3 Whether estoppel prevents the vendor from denying the contract's enforceability

Ratio Decidendi

The contract required planning permission to be obtained by or on behalf of the purchaser (Trident). The assignee (Charles Scott Developments) did not give notice of assignment to the vendor before obtaining planning permission, so the condition precedent was not satisfied. The vendor was not bound to convey the property to the assignee.

Court Disposition

Appeal dismissed

Orders

  • Application to adduce further evidence refused
  • Appellants to pay Respondent's costs of the appeal and application, to be assessed by a costs judge