Abberley & Ors v Abberley

Abberley & Ors v Abberley

The heads of terms signed at mediation constituted a binding contract as all essential terms were agreed with sufficient certainty, and the document complied with statutory requirements for disposition of land. Subsequent attempts to formalise the agreement did not negate its binding nature.

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
Civil / Judgment
Outcome
Declaration granted; agreement enforceable.
Legal Topics
Certainty of Contract, Enforceability of Mediation Agreements, Statutory Requirements for Land Disposition, Family Farming Partnership Dispute
Contract Property Certainty of Contract Enforceability of Mediation Agreements Statutory Requirements for Land Disposition Family Farming Partnership Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

John Thomas Abberley

Claimant

Eileen Abberley

Claimant

Mark Thomas Abberley

Claimant

David John Abberley

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the heads of terms signed at mediation constituted a binding contract
  2. 2 Whether the heads of terms are sufficiently certain to be enforceable
  3. 3 Whether the heads of terms comply with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989

Ratio Decidendi

The heads of terms signed at mediation constituted a binding contract as all essential terms were agreed with sufficient certainty, and the document complied with statutory requirements for disposition of land. Subsequent attempts to formalise the agreement did not negate its binding nature.

Court Disposition

Declaration granted; agreement enforceable.

Orders

  • Claimants entitled to declaration that heads of terms constitute a binding contract and enforcement of the agreement.
  • Counsel invited to agree form of order or make written submissions within 14 days.