Downey & Anor v Stevens & Ors [2021] EWHC 752 (Ch)(29 March 2021)

Downey & Anor v Stevens & Ors [2021] EWHC 752 (Ch)(29 March 2021)

The Option Agreement was not validly authorised by the Club Committee for exercise absent planning permission. The Committee Resolution and Club meeting minutes evidence that the option was only to be exercisable upon grant of planning permission. The Downey Brothers' attempt to exercise the option without planning permission was ineffective. The Annual Payments are not presently repayable as the condition for repayment (disposal of the Property or Adjoining Property to a third party) has not occurred.

Citation
[2021] EWHC 752
Parties
Claimant: Anthony Downey; Claimant: Stephen Downey; Defendant: John Stevens; Defendant: David Dawber; Defendant: Michael Leach
Jurisdiction
England and Wales
Judgment Date
29 March 2021
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Specific Performance, Breach of Contract, Option Agreements, Trustee Powers, Repayment of Annual Payments
Property Law Contract Law Trusts Specific Performance Breach of Contract Option Agreements Trustee Powers Repayment of Annual Payments

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Parties

Anthony Downey

Claimant

Stephen Downey

Claimant

John Stevens

Defendant

David Dawber

Defendant

Michael Leach

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Validity, meaning and effect of the Option Agreement
  2. 2 Validity, meaning and effect of the 2015 Agreement
  3. 3 Whether the Downey Brothers validly exercised the option

Ratio Decidendi

The Option Agreement was not validly authorised by the Club Committee for exercise absent planning permission. The Committee Resolution and Club meeting minutes evidence that the option was only to be exercisable upon grant of planning permission. The Downey Brothers' attempt to exercise the option without planning permission was ineffective. The Annual Payments are not presently repayable as the condition for repayment (disposal of the Property or Adjoining Property to a third party) has not occurred.

Court Disposition

claim dismissed

Orders

  • Specific performance refused
  • Damages refused