Wheatland & Anor v CL SPV 1 Ltd [2025] EWHC 3092 (Ch) (27 November 2025)

The claimants were ready, able and willing to complete the sale on the contractual date; the defendant's objections are unsupported by evidence or law; specific performance is appropriate as the contract can be enforced as agreed and the delay was caused by the defendant.

Citation: [2025] EWHC 3092 (Ch)
Parties: Claimant: Melanie Jane Wheatland; Claimant: Jeremy Paul Wheatland; Defendant: CL SPV 1 Ltd
Jurisdiction: England and Wales
Judgment Date: 27 November 2025
Procedural Posture: Part 8 Claim / Judgment After Disposal Hearing
Outcome: Specific performance ordered; damages claim to be transferred for further determination.
Legal Topics: Specific Performance, Sale of Land, Breach of Contract, Damages, Planning Permission, Section 106 Agreement

Property Law Contract Law Equity Specific Performance Sale of Land Breach of Contract Damages Planning Permission +1 more

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Parties

Melanie Jane Wheatland

Claimant

Jeremy Paul Wheatland

Claimant

CL SPV 1 Ltd

Defendant

Procedural Posture

Part 8 Claim / Judgment After Disposal Hearing

Legal Issues

1 Whether claimants were ready, able and willing to complete the contract for sale of land on the contractual completion date
2 Whether specific performance should be ordered despite changes in planning permission and s 106 agreement
3 Whether the defendant's objections to specific performance are sustainable

Ratio Decidendi

Court Disposition

Specific performance ordered; damages claim to be transferred for further determination.

Orders

Order for specific performance of the contract for sale of The Cherubs, Parsonage Lane, Farnham Common SL2 for £2,800,000.
Damages claim to be transferred to the county court for resolution.