Matila Ltd v Lisheen Properties Ltd & Ors [2010] EWHC 1832 (Ch) (16 July 2010)

Matila Ltd v Lisheen Properties Ltd & Ors [2010] EWHC 1832 (Ch) (16 July 2010)

The court held that valid completion notices were served by the Claimants, the properties were completed for occupation as required by the contracts, and the Defendants were obliged to complete. The assignment to Readbank was not champertous and did not release Lisheen from liability. The Defendants failed to establish any substantive defence or counterclaim. Specific performance was granted as the primary remedy.

Citation
[2010] EWHC 1832 (Ch)
Parties
Claimant: Matila Limited; Defendant: Lisheen Properties Limited; Defendant: Paul Clarke; Defendant: Brendan Clarke; Claimant: Ascot Apartments Limited; Claimant: Readbank Limited
Jurisdiction
England and Wales
Judgment Date
16 July 2010
Procedural Posture
Chancery Division Contract/property Dispute / Trial Judgment
Outcome
Specific performance granted in favour of Claimants; Defendants' counterclaims dismissed.
Legal Topics
Specific Performance, Breach of Contract, Assignment of Contract, Construction Law, Guarantees, Rescission, Champerty
Contract Law Property Law Equity Specific Performance Breach of Contract Assignment of Contract Construction Law Guarantees +2 more

Case Brief

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Parties

Matila Limited

Claimant

Lisheen Properties Limited

Defendant

Paul Clarke

Defendant

Brendan Clarke

Defendant

Ascot Apartments Limited

Claimant

Readbank Limited

Claimant

Procedural Posture

Chancery Division Contract/property Dispute / Trial Judgment

Legal Issues

  1. 1 Whether valid completion notices were served under the residential and commercial contracts
  2. 2 Whether the properties were completed for occupation as required by contract
  3. 3 Whether the assignment to Readbank was champertous or released Lisheen from liability

Ratio Decidendi

The court held that valid completion notices were served by the Claimants, the properties were completed for occupation as required by the contracts, and the Defendants were obliged to complete. The assignment to Readbank was not champertous and did not release Lisheen from liability. The Defendants failed to establish any substantive defence or counterclaim. Specific performance was granted as the primary remedy.

Court Disposition

Specific performance granted in favour of Claimants; Defendants' counterclaims dismissed.

Orders

  • Defendants to specifically perform the contracts for the grant of leases as claimed.
  • Defendants' counterclaims dismissed.