Freeman & Ors v Home Farm Ellingham Ltd [2025] EWHC 878 (Ch) (17 April 2025)

Freeman & Ors v Home Farm Ellingham Ltd [2025] EWHC 878 (Ch) (17 April 2025)

The Defendant is bound by the covenant to procure adoption of the Access Roads. The Claimant's power of attorney does not release the Defendant from liability. It is impossible for the Defendant to perform the obligation due to NCC's sustained refusal to adopt the roads, based on geometry, layout, and public utility requirements. Specific performance is refused; the Claimant is entitled to damages at common law for diminution in value of the Retained Land. The quantum of damages is determined based on impartial expert evidence.

Citation
[2025] EWHC 878 (Ch)
Parties
Claimant: Alan Gregory Freeman, Hugh Fell Trustee Company Limited and Simon Roger Kirkup being the Trustees for the time being of Lady Belinda Gadsden's 1997 Children's Settlement; Defendant: Home Farm Ellingham Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2025
Procedural Posture
Chancery Trial / Final Judgment
Outcome
Claim for specific performance refused; damages awarded.
Legal Topics
Specific Performance, Damages, Mistake, Estoppel, Highways Adoption, Expert Evidence
Property Law Trusts Contract Law Specific Performance Damages Mistake Estoppel Highways Adoption +1 more

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Parties

Alan Gregory Freeman, Hugh Fell Trustee Company Limited and Simon Roger Kirkup being the Trustees for the time being of Lady Belinda Gadsden's 1997 Children's Settlement

Claimant

Home Farm Ellingham Limited

Defendant

Procedural Posture

Chancery Trial / Final Judgment

Legal Issues

  1. 1 Is the Defendant bound by the covenant to procure adoption of Access Roads?
  2. 2 Does the Claimant's power of attorney affect Defendant's liability?
  3. 3 Is it impossible for the Defendant to perform the obligation?

Ratio Decidendi

The Defendant is bound by the covenant to procure adoption of the Access Roads. The Claimant's power of attorney does not release the Defendant from liability. It is impossible for the Defendant to perform the obligation due to NCC's sustained refusal to adopt the roads, based on geometry, layout, and public utility requirements. Specific performance is refused; the Claimant is entitled to damages at common law for diminution in value of the Retained Land. The quantum of damages is determined based on impartial expert evidence.

Court Disposition

Claim for specific performance refused; damages awarded.

Orders

  • Defendant to pay damages to Claimant for diminution in value of Retained Land.
  • Claimant's expert evidence excluded for lack of impartiality.