H L Estates Ltd. & Anor v Parker-Lane Homes Ltd

H L Estates Ltd. & Anor v Parker-Lane Homes Ltd

The Varied Agreement is enforceable because it contains all essential terms (parties, property, price) required by Section 2. It is not necessary to spell out the consideration for the variation; the statutory formalities are satisfied.

Parties
Claimant/part 20 Defendant: H L Estates Limited; Claimant/part 20 Defendant: Wynford Newman Dore; Defendant/part 20 Claimant: Parker-Lake Homes Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2003
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Varied Agreement is enforceable.
Legal Topics
Enforceability of Contract, Variation of Contract, Statutory Requirements for Sale of Land
Property Law Contract Law Enforceability of Contract Variation of Contract Statutory Requirements for Sale of Land

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Parties

H L Estates Limited

Claimant/part 20 Defendant

Wynford Newman Dore

Claimant/part 20 Defendant

Parker-Lake Homes Limited

Defendant/part 20 Claimant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the Varied Agreement dated 17 August 2000 is enforceable under Section 2 Law of Property (Miscellaneous Provisions) Act 1989

Ratio Decidendi

The Varied Agreement is enforceable because it contains all essential terms (parties, property, price) required by Section 2. It is not necessary to spell out the consideration for the variation; the statutory formalities are satisfied.

Court Disposition

Varied Agreement is enforceable.

Orders

  • Preliminary issue determined in favour of claimants.