Richards v Harvey [2021] EWHC 21 (Ch) (12 January 2021)

Richards v Harvey [2021] EWHC 21 (Ch) (12 January 2021)

No binding contract was formed at the meeting on 4 February 2014 because the discussions were expressly or impliedly subject to legal advice and not intended to create legal relations at that stage. Essential terms were not sufficiently agreed, and subsequent conduct did not evidence a concluded contract.

Source-derived case information.

Citation
[2021] EWHC 21 (Ch)
Parties
Claimant: Martin Jonathan Richards; Defendant: John Harvey
Jurisdiction
England and Wales
Judgment Date
12 January 2021
Procedural Posture
Part 7 Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Oral Contracts, Intention to Create Legal Relations, Enforceability of Agreements, Property Development Disputes, Mortgagee Rights
Contract Law Property Law Oral Contracts Intention to Create Legal Relations Enforceability of Agreements Property Development Disputes Mortgagee Rights

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Parties

Martin Jonathan Richards

Claimant

John Harvey

Defendant

Procedural Posture

Part 7 Claim / Judgment After Trial

Legal Issues

  1. 1 Whether a binding oral contract was formed at the meeting on 4 February 2014 between the claimant and defendant
  2. 2 Whether the terms of the alleged agreement were sufficiently certain and intended to create legal relations
  3. 3 Whether the defendant was in breach of any such contract

Ratio Decidendi

No binding contract was formed at the meeting on 4 February 2014 because the discussions were expressly or impliedly subject to legal advice and not intended to create legal relations at that stage. Essential terms were not sufficiently agreed, and subsequent conduct did not evidence a concluded contract.

Court Disposition

Claim dismissed

Orders

  • Claim for damages for breach of contract dismissed
  • No order for specific performance