Lomax & Anor v Dimelow & Anor [2024] EWHC 3625 (TCC) (05 November 2024)

Lomax & Anor v Dimelow & Anor [2024] EWHC 3625 (TCC) (05 November 2024)

No binding oral agreement was reached as to the purchase price for Plot C or for Plots C and F together; the Claimants' purported exercise of Option C was invalid for failure to pay the deposit as required by the agreement; the expert's determination of the purchase price for Plot C is final and binding, not vitiated by manifest error; the Defendants validly terminated Option Agreement C for fundamental breach; the Claimants are not entitled to specific performance or damages. As to Plot F, the option was not validly exercised within the option period, and the Defendants are not in breach.

Citation
[2024] EWHC 3625 (TCC)
Parties
First Claimant: Patrick John Lomax; Second Claimant: Orchard House Property Developments Limited; First Defendant: Susan Wendy Dimelow; Second Defendant: Lorna Mary Dimelow
Jurisdiction
England and Wales
Judgment Date
05 November 2024
Procedural Posture
Trial (consolidated Part 7 and Part 8 Claims) / Final Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Option Agreements, Specific Performance, Expert Determination, Estoppel, Breach of Contract, Land Valuation
Contract Law Property Law Civil Procedure Option Agreements Specific Performance Expert Determination Estoppel Breach of Contract +1 more

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Parties

Patrick John Lomax

First Claimant

Orchard House Property Developments Limited

Second Claimant

Susan Wendy Dimelow

First Defendant

Lorna Mary Dimelow

Second Defendant

Procedural Posture

Trial (consolidated Part 7 and Part 8 Claims) / Final Judgment After Trial

Legal Issues

  1. 1 Whether binding oral agreements were reached as to the purchase price for Plot C and/or Plots C and F
  2. 2 Whether waiver by estoppel or estoppel by convention applies regarding the purchase price for Plot C
  3. 3 Whether the exercise of the options over Plots C and F was valid, including compliance with deposit requirements

Ratio Decidendi

No binding oral agreement was reached as to the purchase price for Plot C or for Plots C and F together; the Claimants' purported exercise of Option C was invalid for failure to pay the deposit as required by the agreement; the expert's determination of the purchase price for Plot C is final and binding, not vitiated by manifest error; the Defendants validly terminated Option Agreement C for fundamental breach; the Claimants are not entitled to specific performance or damages. As to Plot F, the option was not validly exercised within the option period, and the Defendants are not in breach.

Court Disposition

Claims dismissed

Orders

  • Claimants' claims for specific performance and damages are dismissed
  • Defendants' counterclaim for declarations as to invalidity of the purported exercises of Options C and F is granted