London Borough Of Barnet v Barnet Football Club Holdings Ltd [2004] EWCA Civ 1191 (30 July 2004)

London Borough Of Barnet v Barnet Football Club Holdings Ltd [2004] EWCA Civ 1191 (30 July 2004)

The Borough failed to establish that the relevant authorising officers intended the instruments to carry out the terms of the prior accord without a 10-year limitation; the intention of the negotiator (Mr Stephens) was immaterial, and the delegated powers report did not clearly evidence an intention to omit the 10-year cut-off. Rectification was therefore refused.

Citation
[2004] EWCA Civ 1191
Parties
Claimant/appellant: Mayor and Burgesses of the London Borough of Barnet; Defendant/respondent: Barnet Football Club Holdings Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2004
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Rectification, Mistake in Contract, Restrictive Covenant, Section 123 Local Government Act 1972
Property Law Equity Local Government Law Rectification Mistake in Contract Restrictive Covenant Section 123 Local Government Act 1972

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Parties

Mayor and Burgesses of the London Borough of Barnet

Claimant/appellant

Barnet Football Club Holdings Limited

Defendant/respondent

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the instruments (transfer and deed) should be rectified to remove a 10-year limitation on the restrictive covenant and clawback provisions
  2. 2 Whether the Borough's intention for rectification can be established from the delegated powers report or the state of mind of relevant officers

Ratio Decidendi

The Borough failed to establish that the relevant authorising officers intended the instruments to carry out the terms of the prior accord without a 10-year limitation; the intention of the negotiator (Mr Stephens) was immaterial, and the delegated powers report did not clearly evidence an intention to omit the 10-year cut-off. Rectification was therefore refused.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be assessed if not agreed
  • Appellant to pay respondent an interim payment of £11,000 on account of costs