Arrowgame Ltd & Anor v Wildsmith & Ors

Arrowgame Ltd & Anor v Wildsmith & Ors

The word 'execution' in paragraph 5 of the Consent Order required both signature and delivery of the transfer deed. The Defendants were in default by not delivering the executed transfer, entitling the Court to execute the transfer under paragraph 6.

Parties
Defendant/appellant: Arrowgame Ltd; Defendant/appellant: D Goodman; Claimant/respondent: Wildsmith and 11 others
Jurisdiction
England and Wales
Judgment Date
16 November 2016
Procedural Posture
Appeal / Judgment on Appeal Against County Court Order Refusing to Set Aside Execution of Transfer and Refusing Permission to Appeal
Outcome
Appeal dismissed
Legal Topics
Execution of Deeds, Delivery of Deeds, Consent Orders, Landlord and Tenant Act 1987, Companies Act 2006, Completion of Conveyancing Transactions
Property Law Landlord and Tenant Civil Procedure Execution of Deeds Delivery of Deeds Consent Orders Landlord and Tenant Act 1987 Companies Act 2006 +1 more

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Parties

Arrowgame Ltd

Defendant/appellant

D Goodman

Defendant/appellant

Wildsmith and 11 others

Claimant/respondent

Procedural Posture

Appeal / Judgment on Appeal Against County Court Order Refusing to Set Aside Execution of Transfer and Refusing Permission to Appeal

Legal Issues

  1. 1 Whether 'execution' in paragraph 5 of the Consent Order required only signature or also delivery of the deed
  2. 2 Whether the Defendants were in default of the Consent Order by not delivering the executed transfer
  3. 3 Whether the Court was entitled to execute the transfer under paragraph 6 of the Consent Order

Ratio Decidendi

The word 'execution' in paragraph 5 of the Consent Order required both signature and delivery of the transfer deed. The Defendants were in default by not delivering the executed transfer, entitling the Court to execute the transfer under paragraph 6.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed