Portsmouth City Football Club v Sellar Properties (Portsmouth) Ltd & Anor

Portsmouth City Football Club v Sellar Properties (Portsmouth) Ltd & Anor

On the proper construction of the option agreement as amended, the 'Milton Lane Allowance' refers only to a sum required by the Council for its consent as highway authority to cross Milton Lane, which was nil. Therefore, the purchase price is £900,000 (£2,000,000 less £1,100,000).

Parties
Claimant: Portsmouth City Football Club; First Defendant: Sellar Properties (Portsmouth) Limited; Second Defendant: Singer and Friedlander Properties PLC
Jurisdiction
England and Wales
Judgment Date
17 September 2003
Procedural Posture
Civil (contract/commercial) / Judgment After Expedited Trial of Part 8 Claim
Outcome
Declaration granted in favour of the Claimant.
Legal Topics
Interpretation of Contract Terms, Option Agreements, Apportionment of Consideration, Frustration of Contract, Specific Performance, Planning Obligations (section 106)
Contract Law Property Law Planning Law Interpretation of Contract Terms Option Agreements Apportionment of Consideration Frustration of Contract Specific Performance +1 more

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Parties

Portsmouth City Football Club

Claimant

Sellar Properties (Portsmouth) Limited

First Defendant

Singer and Friedlander Properties PLC

Second Defendant

Procedural Posture

Civil (contract/commercial) / Judgment After Expedited Trial of Part 8 Claim

Legal Issues

  1. 1 What is the correct construction and application of the 'Milton Lane Allowance' clause in the option agreement as amended?
  2. 2 Is the purchase price for the option land £900,000 or £2,000,000?
  3. 3 Was a sum attributable to and specifically identified by Portsmouth City Council for consent to cross Milton Lane?

Ratio Decidendi

On the proper construction of the option agreement as amended, the 'Milton Lane Allowance' refers only to a sum required by the Council for its consent as highway authority to cross Milton Lane, which was nil. Therefore, the purchase price is £900,000 (£2,000,000 less £1,100,000).

Court Disposition

Declaration granted in favour of the Claimant.

Orders

  • Declaration that the purchase price is £900,000.