Beazer Homes Ltd v Stroude

Beazer Homes Ltd v Stroude

Evidence of negotiations for a separate, unconcluded collaboration agreement between only some of the parties to the s106 Agreement is inadmissible in construing the s106 Agreement or implying a term into it. Such evidence is either unhelpful or amounts to inadmissible subjective intention, and the policy reasons for exclusion apply equally to negotiations for side agreements. The appeal is dismissed.

Parties
Appellant: Beazer Homes Limited; Respondent: Peter Stroude
Jurisdiction
England and Wales
Judgment Date
17 March 2005
Procedural Posture
Civil Appeal / Appeal From Chancery Division, Ruling on Admissibility of Evidence Prior to Summary Judgment Application
Outcome
Appeal dismissed
Legal Topics
Admissibility of Evidence, Interpretation of Contracts, Implied Terms, Summary Judgment
Contract Law Civil Procedure Admissibility of Evidence Interpretation of Contracts Implied Terms Summary Judgment

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Parties

Beazer Homes Limited

Appellant

Peter Stroude

Respondent

Procedural Posture

Civil Appeal / Appeal From Chancery Division, Ruling on Admissibility of Evidence Prior to Summary Judgment Application

Legal Issues

  1. 1 Whether evidence of negotiations for a separate, unfinalised collaboration agreement is admissible in construing a concluded s106 Agreement
  2. 2 Whether such evidence is relevant to the implication of a term regarding right of access in the s106 Agreement

Ratio Decidendi

Evidence of negotiations for a separate, unconcluded collaboration agreement between only some of the parties to the s106 Agreement is inadmissible in construing the s106 Agreement or implying a term into it. Such evidence is either unhelpful or amounts to inadmissible subjective intention, and the policy reasons for exclusion apply equally to negotiations for side agreements. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent to pay appellant's costs of the appeal assessed at £10,457