Rollerteam Ltd & Anor v Riley & Anor [2016] EWCA Civ 1291 (16 December 2016)

Rollerteam Ltd & Anor v Riley & Anor [2016] EWCA Civ 1291 (16 December 2016)

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 does not apply to a contract which itself effects an immediate disposition of an interest in land. In this case, the settlement agreement was formed by the execution of the declarations of trust, which constituted the actual disposition, not a promise to do so in the future. Therefore, the agreement was not void for non-compliance with section 2.

Citation
[2016] EWCA Civ 1291
Parties
First Claimant: Rollerteam Limited; Second Claimant/appellant: John Aidiniantz; Defendant/respondent: Linda Riley; Third Party/respondent: Jennifer Decoteau
Jurisdiction
England and Wales
Judgment Date
16 December 2016
Procedural Posture
Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Section 2 Law of Property (miscellaneous Provisions) Act 1989, Settlement Agreements, Dispositions of Interests in Land, Declarations of Trust, Executory Contracts, Actual Dispositions
Property Law Contract Law Civil Procedure Section 2 Law of Property (miscellaneous Provisions) Act 1989 Settlement Agreements Dispositions of Interests in Land Declarations of Trust Executory Contracts +1 more

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Parties

Rollerteam Limited

First Claimant

John Aidiniantz

Second Claimant/appellant

Linda Riley

Defendant/respondent

Jennifer Decoteau

Third Party/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

  1. 1 Whether the settlement agreement was void for failure to comply with section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989
  2. 2 Whether the agreement was an executory contract for disposition of an interest in land or an actual disposition

Ratio Decidendi

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 does not apply to a contract which itself effects an immediate disposition of an interest in land. In this case, the settlement agreement was formed by the execution of the declarations of trust, which constituted the actual disposition, not a promise to do so in the future. Therefore, the agreement was not void for non-compliance with section 2.

Court Disposition

Appeal dismissed

Orders

  • Declarations granted in favour of respondents
  • Appellant ordered to pay £1 million to Linda Riley and £700,000 to Jennifer Decoteau with interest