Alan Gregory Freeman & Ors being the Trustees of the Lady Belinda Gadsden’s 1997 Children’s Settlement v Home Farm Ellingham Limited

Alan Gregory Freeman & Ors being the Trustees of the Lady Belinda Gadsden’s 1997 Children’s Settlement v Home Farm Ellingham Limited

The defendant’s obligation to procure adoption of the Access Roads is contractually binding and not void for mistake or estoppel. However, it is factually impossible for the defendant to procure adoption as NCC will not adopt the roads due to non-compliance with geometry, layout, and lack of public utility. Specific performance and damages in lieu are refused; only nominal damages are awarded as the claimant failed to prove any more than nominal diminution in value.

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
22 April 2025
Procedural Posture
Civil (property, Trusts and Probate) / Judgment After Trial
Outcome
Claim for specific performance refused; judgment for claimant for nominal damages for breach of contract.
Legal Topics
Specific Performance, Damages for Breach of Contract, Mistake, Estoppel, Highways Adoption, Expert Evidence
Contract Law Property Law Equity Specific Performance Damages for Breach of Contract 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

Civil (property, Trusts and Probate) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant is bound by the covenant to procure adoption of estate roads under the transfer
  2. 2 Whether the claimant’s power of attorney under the transfer affects the defendant’s liability
  3. 3 Whether it is impossible for the defendant to perform the obligation to procure adoption

Ratio Decidendi

The defendant’s obligation to procure adoption of the Access Roads is contractually binding and not void for mistake or estoppel. However, it is factually impossible for the defendant to procure adoption as NCC will not adopt the roads due to non-compliance with geometry, layout, and lack of public utility. Specific performance and damages in lieu are refused; only nominal damages are awarded as the claimant failed to prove any more than nominal diminution in value.

Court Disposition

Claim for specific performance refused; judgment for claimant for nominal damages for breach of contract.

Orders

  • Specific performance of paragraph 6 of Schedule 3 to the Transfer refused
  • Judgment for claimant for £1 by way of damages for breach of contract at common law