Zaman v Portsmouth City Council [2018] EWHC 3592 (QB) (21 December 2018)

Completion of a form of authority was a contractual condition precedent to payment under the City Council's housing assistance scheme; no breach of contract occurred regarding supervision; the legal charge was materially altered but no remedy was sought; any loan would be secured by charge or equitable charge.

Citation: [2018] EWHC 3592
Parties: Claimant and Appellant: Dr Munir Zaman; Defendant and Respondent: Portsmouth City Council
Jurisdiction: England and Wales
Judgment Date: 21 December 2018
Procedural Posture: Appeal From County Court Judgment / Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Condition Precedent, Breach of Contract, Material Alteration of Deed, Equitable Charge, Statutory Housing Assistance

Contract Law Local Government Law Property Law Condition Precedent Breach of Contract Material Alteration of Deed Equitable Charge Statutory Housing Assistance

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Parties

Dr Munir Zaman

Claimant and Appellant

Portsmouth City Council

Defendant and Respondent

Procedural Posture

Appeal From County Court Judgment / Appeal Judgment

Legal Issues

1 Whether completion of a form of authority was a condition precedent to payment under the scheme
2 Whether the City Council acted in breach of contract by ceasing supervision of works
3 Whether the legal charge was enforceable given material alteration

Ratio Decidendi

Court Disposition

Appeal dismissed