Blackraven Developments Limited v (1) Jonathan Charles Clarke (2) Sheenagh Bernadette Joan Parsons (3) David Andrew Martin Flanagan (4) Manjot Kaur Henchie (Practice and Procedure : Practice and Procedure) [2019] UKFTT 111 (PC) (22 January 2019)

Blackraven Developments Limited v (1) Jonathan Charles Clarke (2) Sheenagh Bernadette Joan Parsons (3) David Andrew Martin Flanagan (4) Manjot Kaur Henchie (Practice and Procedure : Practice and Procedure) [2019] UKFTT 111 (PC) (22 January 2019)

The purchase agreement was validly rescinded due to the purchaser's failure to comply with the Notice to Complete, and the unilateral notice should be cancelled.

Citation
[2019] UKFTT 111 (PC)
Parties
Applicant: Blackraven Developments Limited; Respondent: Jonathan Charles Clarke; Respondent: Sheenagh Bernadette Joan Parsons; Respondent: David Andrew Martin Flanagan; Respondent: Manjot Kaur Henchie
Jurisdiction
England and Wales
Judgment Date
22 January 2019
Procedural Posture
First Tier Tribunal (property Chamber) / Final Decision
Outcome
Application granted
Legal Topics
Practice and Procedure, Status and Representation of Parties, Contracts for Sale, Unilateral Notice, Rescission of Contract
Property Law Contract Law Practice and Procedure Status and Representation of Parties Contracts for Sale Unilateral Notice Rescission of Contract

Case Brief

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Parties

Blackraven Developments Limited

Applicant

Jonathan Charles Clarke

Respondent

Sheenagh Bernadette Joan Parsons

Respondent

David Andrew Martin Flanagan

Respondent

Manjot Kaur Henchie

Respondent

Procedural Posture

First Tier Tribunal (property Chamber) / Final Decision

Legal Issues

  1. 1 Whether the purchase agreement was validly rescinded
  2. 2 Whether the unilateral notice protecting the purchase agreement should be cancelled

Ratio Decidendi

The purchase agreement was validly rescinded due to the purchaser's failure to comply with the Notice to Complete, and the unilateral notice should be cancelled.

Court Disposition

Application granted

Orders

  • The unilateral notice protecting the purchase agreement is cancelled.