G & A Properties (UK) Ltd v Rolland [2015] EWHC 939 (Ch) (23 January 2015)

G & A Properties (UK) Ltd v Rolland [2015] EWHC 939 (Ch) (23 January 2015)

The contract between G & A and Ms Rolland was formed by her transfer of £50,000 to G & A on 19 August 2009, accepting the written terms of the AIA as provided to her. There was no oral agreement regarding the secured loan for 19 Broad Water as part of the AIA, and the additional terms proposed by G & A were not part of the contract. The joint venture claim was abandoned and, in any event, unsupported by the facts.

Citation
[2015] EWHC 939 (Ch)
Parties
Claimant: G & A Properties (UK) Ltd; First Defendant: Teresa Rolland; Second Defendant: Kenneth John Ranns
Jurisdiction
England and Wales
Judgment Date
23 January 2015
Procedural Posture
Civil / Trial of Preliminary Issues
Outcome
Preliminary issues determined in favour of Ms Rolland on the disputed terms; contract found on written AIA and payment, not on oral terms or joint venture.
Legal Topics
Formation of Contract, Terms of Contract, Joint Venture, Armchair Investment Agreement, Secured Loan, Interpretation of Written and Oral Agreements
Contract Law Formation of Contract Terms of Contract Joint Venture Armchair Investment Agreement Secured Loan Interpretation of Written and Oral Agreements

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Parties

G & A Properties (UK) Ltd

Claimant

Teresa Rolland

First Defendant

Kenneth John Ranns

Second Defendant

Procedural Posture

Civil / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the first defendant entered into any contract or joint venture with the claimant
  2. 2 If so, the terms of the contract or joint venture

Ratio Decidendi

The contract between G & A and Ms Rolland was formed by her transfer of £50,000 to G & A on 19 August 2009, accepting the written terms of the AIA as provided to her. There was no oral agreement regarding the secured loan for 19 Broad Water as part of the AIA, and the additional terms proposed by G & A were not part of the contract. The joint venture claim was abandoned and, in any event, unsupported by the facts.

Court Disposition

Preliminary issues determined in favour of Ms Rolland on the disputed terms; contract found on written AIA and payment, not on oral terms or joint venture.