Phoenix Property Investors Ltd v Grange Securities Ltd [2011] EWHC 1131 (Ch) (05 May 2011)
The defendant failed to complete material items on the snagging list to the reasonable satisfaction of the claimant, including unresolved damp and mechanical/electrical issues, amounting to repudiatory breach. The claimant was entitled to rescind the contract and recover the deposit.
- Citation
- [2011] EWHC 1131 (Ch)
- Parties
- Claimant: Phoenix Property Investors Ltd; Defendant: Grange Securities Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 05 May 2011
- Procedural Posture
- Contract Claim / Final Judgment After Trial
- Outcome
- Claim allowed
- Legal Topics
- Repudiatory Breach, Sale of Land, Completion of Works, Snagging List, Deposit Recovery
Case Brief
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Parties
Phoenix Property Investors Ltd
Claimant
Grange Securities Ltd
Defendant
Procedural Posture
Contract Claim / Final Judgment After Trial
Legal Issues
- 1 Whether the defendant completed the works required by the contract
- 2 Whether the claimant was entitled to rescind the contract and recover deposit
- 3 Interpretation of contract terms regarding completion and snagging list
Ratio Decidendi
The defendant failed to complete material items on the snagging list to the reasonable satisfaction of the claimant, including unresolved damp and mechanical/electrical issues, amounting to repudiatory breach. The claimant was entitled to rescind the contract and recover the deposit.
Court Disposition
Claim allowed
Orders
- Defendant to pay claimant £200,000
- Defendant to pay interest and claimant's legal and surveyor fees
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