Melanie Jane Wheatland & Anor v CL SPV 1 Ltd

Claimants were ready, able, and willing to complete the contract for sale of land as at 23 February 2024; defendant's objections are unsupported by evidence and do not preclude specific performance. Specific performance is ordered. Damages claim to be resolved separately under appropriate procedure.

Parties: Claimant: Melanie Jane Wheatland; Claimant: Jeremy Paul Wheatland; Defendant: CL SPV 1 Ltd
Jurisdiction: England and Wales
Judgment Date: 12 March 2025
Procedural Posture: Part 8 Claim / Approved Judgment on Specific Performance and Damages
Outcome: Specific performance ordered; damages claim to be transferred for resolution.
Legal Topics: Specific Performance, Breach of Contract, Sale of Land, Planning Obligations, Damages

Property Law Contract Law Equity Specific Performance Breach of Contract Sale of Land Planning Obligations Damages

Case Brief

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Parties

Melanie Jane Wheatland

Claimant

Jeremy Paul Wheatland

Claimant

CL SPV 1 Ltd

Defendant

Procedural Posture

Part 8 Claim / Approved Judgment on Specific Performance and Damages

Legal Issues

1 Whether claimants were ready, able and willing to complete the contract for sale of land
2 Whether specific performance should be ordered
3 Whether the Part 8 procedure is appropriate for damages claim

Ratio Decidendi

Court Disposition

Specific performance ordered; damages claim to be transferred for resolution.

Orders

Order for specific performance of contract for sale of The Cherubs, Parsonage Lane, Farnham Common SL2 for £2,800,000.
Directions to be given for resolution of damages claim, including possible transfer to county court.