Luckett & Luckett v Ashley King (Developments) Ltd [2005] EWHC 2327 (Ch) (20 October 2005)

Luckett & Luckett v Ashley King (Developments) Ltd [2005] EWHC 2327 (Ch) (20 October 2005)

The appellants had no real defence to the claim for specific performance; the respondent was ready, willing, and able to complete; the Deputy Master properly exercised discretion in refusing an adjournment and granting summary judgment; there was no basis for an appeal with real prospect of success.

Citation
[2005] EWHC 2327 (Ch)
Parties
Appellants: Luckett & Luckett; Respondent: Ashley King (Developments) Limited
Jurisdiction
England and Wales
Judgment Date
20 October 2005
Procedural Posture
Civil Appeal / Application for Permission to Appeal and Extension of Time
Outcome
applications dismissed
Legal Topics
Specific Performance, Summary Judgment, Adjournment, Extension of Time, Appeal Procedure
Contract Law Civil Procedure Specific Performance Summary Judgment Adjournment Extension of Time Appeal Procedure

Case Brief

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Parties

Luckett & Luckett

Appellants

Ashley King (Developments) Limited

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal and Extension of Time

Legal Issues

  1. 1 Whether the Deputy Master erred in refusing an adjournment
  2. 2 Whether the Deputy Master erred in granting summary judgment for specific performance
  3. 3 Whether the appellants had an arguable defence to specific performance

Ratio Decidendi

The appellants had no real defence to the claim for specific performance; the respondent was ready, willing, and able to complete; the Deputy Master properly exercised discretion in refusing an adjournment and granting summary judgment; there was no basis for an appeal with real prospect of success.

Court Disposition

applications dismissed

Orders

  • Permission to appeal refused
  • Extension of time to appeal refused