Bellway Homes Ltd v Beazer Homes Ltd [2010] EWHC 423 (Ch) (04 March 2010)

Bellway Homes Ltd v Beazer Homes Ltd [2010] EWHC 423 (Ch) (04 March 2010)

The shareholders agreement and the parties' course of dealing did not confine redress of imbalances to a single development, and Bellway is entitled to a declaration that it may receive land from Middle Warren to rectify the imbalance from Cramlington.

Source-derived case information.

Citation
[2010] EWHC 423 (Ch)
Parties
Claimant: Bellway Homes Limited; Defendant: Beazer Homes Limited
Jurisdiction
England and Wales
Judgment Date
04 March 2010
Procedural Posture
Civil / Preliminary Issue Trial
Outcome
Declaration granted in favour of Bellway.
Legal Topics
Shareholders Agreement, Joint Venture, Land Allocation, Remediation, Declaratory Relief
Company Law Contract Law Property Law Shareholders Agreement Joint Venture Land Allocation Remediation Declaratory Relief

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Summary, issues, holding and outcome

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Parties

Bellway Homes Limited

Claimant

Beazer Homes Limited

Defendant

Procedural Posture

Civil / Preliminary Issue Trial

Legal Issues

  1. 1 Whether Bellway is entitled to an allocation of development land at Middle Warren to rectify an imbalance in developable land allocation at Cramlington under the shareholders agreement.

Ratio Decidendi

The shareholders agreement and the parties' course of dealing did not confine redress of imbalances to a single development, and Bellway is entitled to a declaration that it may receive land from Middle Warren to rectify the imbalance from Cramlington.

Court Disposition

Declaration granted in favour of Bellway.

Orders

  • Declaration that Beazer is obliged by clauses 3.1 and 3.2 of the shareholders agreement to exercise its voting rights in Leebell so that Bellway receives a disposal of land from the Middle Warren site sufficient to rectify the imbalance in the values of the land disposed of to Bellway and Beazer from the Cramlington...