Rollerteam Ltd & Anor v Riley

Rollerteam Ltd & Anor v Riley

A binding settlement agreement was concluded on 11 April 2013, evidenced by signed documents, payment, and subsequent conduct. The agreement is enforceable and not precluded by section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, as the consideration included actual dispositions of interests in land.

Parties
Claimant: Rollerteam Limited; Claimant: John Aidiniantz; Defendant: Linda Riley; Third Party: Jennifer Decoteau
Jurisdiction
England and Wales
Judgment Date
04 June 2015
Procedural Posture
Civil / Judgment
Outcome
Claim and counterclaim both succeed in part.
Legal Topics
Settlement Agreements, Declarations of Trust, Enforceability of Contracts, Section 2 Law of Property (miscellaneous Provisions) Act 1989, Trusts of Land and Appointment of Trustees Act 1996
Contract Property Trusts Settlement Agreements Declarations of Trust Enforceability of Contracts Section 2 Law of Property (miscellaneous Provisions) Act 1989 Trusts of Land and Appointment of Trustees Act 1996

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Parties

Rollerteam Limited

Claimant

John Aidiniantz

Claimant

Linda Riley

Defendant

Jennifer Decoteau

Third Party

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Was there a concluded binding compromise of the litigation reached on 8 April 2013, 11 April 2013, or by 22 May 2013, and if so, on what terms?
  2. 2 Was any compromise unenforceable by reason of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989?
  3. 3 To what relief, if any, are Mr Aidiniantz and Rollerteam entitled on the claim?

Ratio Decidendi

A binding settlement agreement was concluded on 11 April 2013, evidenced by signed documents, payment, and subsequent conduct. The agreement is enforceable and not precluded by section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, as the consideration included actual dispositions of interests in land.

Court Disposition

Claim and counterclaim both succeed in part.

Orders

  • Declarations that the declarations of trust dated 11 April 2013 are valid and binding.
  • Order for payment of £700,000 to Jennifer Decoteau.