Simpole v Chee & Anor [2013] EWHC 4444 (Ch) (11 November 2013)

Simpole v Chee & Anor [2013] EWHC 4444 (Ch) (11 November 2013)

By retaining part of the sale proceeds with knowledge of the circumstances, the first defendant ratified the signature on the sale agreement, thereby satisfying the requirements of section 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 and entitling the claimant to specific performance.

Citation
[2013] EWHC 4444 (Ch)
Parties
Claimant: Paul Simpole; 1st Defendant: Kwong Sen Lee Shum Chee; 2nd Defendant: Rajesh Babajee
Jurisdiction
England and Wales
Judgment Date
11 November 2013
Procedural Posture
Trial / Judgment Following Trial of Claim and Counterclaim
Outcome
Claim allowed, counterclaim dismissed
Legal Topics
Ratification, Authority of Agent, Specific Performance, Forgery of Signature, Sale of Land
Property Law Contract Law Agency Law Ratification Authority of Agent Specific Performance Forgery of Signature Sale of Land

Case Brief

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Parties

Paul Simpole

Claimant

Kwong Sen Lee Shum Chee

1st Defendant

Rajesh Babajee

2nd Defendant

Procedural Posture

Trial / Judgment Following Trial of Claim and Counterclaim

Legal Issues

  1. 1 Whether the person who signed the sale agreement in the first defendant's name had actual authority to do so
  2. 2 Whether the first defendant ratified the signature on the sale agreement
  3. 3 Whether the requirements of section 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 were met

Ratio Decidendi

By retaining part of the sale proceeds with knowledge of the circumstances, the first defendant ratified the signature on the sale agreement, thereby satisfying the requirements of section 2(3) of the Law of Property (Miscellaneous Provisions) Act 1989 and entitling the claimant to specific performance.

Court Disposition

Claim allowed, counterclaim dismissed

Orders

  • Specific performance of the sale agreement decreed
  • First defendant to pay claimant's costs of claim and counterclaim, subject to detailed assessment on standard basis if not agreed