Abberley & Ors v Abberley [2019] EWHC 1564 (Ch) (19 June 2019)

Abberley & Ors v Abberley [2019] EWHC 1564 (Ch) (19 June 2019)

The heads of terms signed at mediation constituted a binding and enforceable contract; the terms were sufficiently certain and all essential terms agreed at mediation were incorporated in the written document, satisfying the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.

Citation
[2019] EWHC 1564 (Ch)
Parties
Claimant: John Thomas Abberley; Claimant: Eileen Abberley; Claimant: Mark Thomas Abberley; Defendant: David John Abberley
Jurisdiction
England and Wales
Judgment Date
19 June 2019
Procedural Posture
Chancery Division Property Trusts and Probate / Judgment After Trial
Outcome
Declaration granted in favour of the claimants; agreement enforceable.
Legal Topics
Certainty of Contract, Intention to Create Legal Relations, Enforceability of Settlement Agreements, Section 2 Law of Property (miscellaneous Provisions) Act 1989, Mediation Agreements
Contract Law Property Law Trusts Certainty of Contract Intention to Create Legal Relations Enforceability of Settlement Agreements Section 2 Law of Property (miscellaneous Provisions) Act 1989 Mediation Agreements

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Parties

John Thomas Abberley

Claimant

Eileen Abberley

Claimant

Mark Thomas Abberley

Claimant

David John Abberley

Defendant

Procedural Posture

Chancery Division Property Trusts and Probate / Judgment After Trial

Legal Issues

  1. 1 Whether the heads of terms signed at mediation constituted a binding contract
  2. 2 Whether the heads of terms were sufficiently certain to be enforceable
  3. 3 Whether all agreed terms were incorporated as required by section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

Ratio Decidendi

The heads of terms signed at mediation constituted a binding and enforceable contract; the terms were sufficiently certain and all essential terms agreed at mediation were incorporated in the written document, satisfying the requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989.

Court Disposition

Declaration granted in favour of the claimants; agreement enforceable.

Orders

  • Declaration that the heads of terms constitute a binding and enforceable contract
  • Enforcement of the agreement as per the heads of terms