H L Estates Ltd. & Anor v Parker-Lane Homes Ltd [2003] EWHC 604 (Ch) (20 March 2003)

H L Estates Ltd. & Anor v Parker-Lane Homes Ltd [2003] EWHC 604 (Ch) (20 March 2003)

The Varied Agreement is enforceable because it contains the essential elements required by Section 2 (parties, property, price), and it is not necessary to set out the consideration for each term or the reason for the variation. The requirements of Section 2 are satisfied by the written terms present.

Citation
[2003] EWHC 604 (Ch)
Parties
Claimant/part 20 Defendant: H L Estates Limited; Claimant/part 20 Defendant: Wynford Newman Dore; Defendant/part 20 Claimant: Parker-Lake Homes Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2003
Procedural Posture
Chancery Division Trial of Preliminary Issue / Judgment on Preliminary Issue: Enforceability of Varied Agreement
Outcome
Varied Agreement is enforceable.
Legal Topics
Enforceability of Contracts for Sale of Land, Section 2 Law of Property (miscellaneous Provisions) Act 1989, Contract Variation Requirements, Consideration in Contract Variations
Property Law Contract Law Enforceability of Contracts for Sale of Land Section 2 Law of Property (miscellaneous Provisions) Act 1989 Contract Variation Requirements Consideration in Contract Variations

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Parties

H L Estates Limited

Claimant/part 20 Defendant

Wynford Newman Dore

Claimant/part 20 Defendant

Parker-Lake Homes Limited

Defendant/part 20 Claimant

Procedural Posture

Chancery Division Trial of Preliminary Issue / Judgment on Preliminary Issue: Enforceability of Varied Agreement

Legal Issues

  1. 1 Whether the Varied Agreement dated 17 August 2000 is enforceable under Section 2 Law of Property (Miscellaneous Provisions) Act 1989
  2. 2 Whether consideration for the variation must be expressly stated in writing

Ratio Decidendi

The Varied Agreement is enforceable because it contains the essential elements required by Section 2 (parties, property, price), and it is not necessary to set out the consideration for each term or the reason for the variation. The requirements of Section 2 are satisfied by the written terms present.

Court Disposition

Varied Agreement is enforceable.

Orders

  • Preliminary issue determined in favour of the claimants: the Varied Agreement dated 17 August 2000 is enforceable.