Yewbelle Ltd v London Green Developments Ltd & Anor [2006] EWHC 3166 (Ch) (08 December 2006)

Yewbelle Ltd v London Green Developments Ltd & Anor [2006] EWHC 3166 (Ch) (08 December 2006)

The buyer was entitled to waive the requirement for a completed Section 106 Agreement, and the seller had not demonstrated that it was impossible to obtain such an agreement using all reasonable endeavours. The contract was not discharged automatically, and the buyer could elect to complete or terminate.

Citation
[2006] EWHC 3166 (Ch)
Parties
Claimant: Yewbelle Limited; Defendant: London Green Developments Limited; Part 20 Defendant: Knightsbridge Green Limited
Jurisdiction
England and Wales
Judgment Date
08 December 2006
Procedural Posture
Chancery Division Contract Dispute / Judgment After Trial
Outcome
Claim dismissed; contract not discharged.
Legal Topics
Conditional Contracts, Specific Performance, Planning Obligations, Section 106 Agreements, Waiver of Conditions
Contract Law Property Law Conditional Contracts Specific Performance Planning Obligations Section 106 Agreements Waiver of Conditions

Case Brief

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Parties

Yewbelle Limited

Claimant

London Green Developments Limited

Defendant

Knightsbridge Green Limited

Part 20 Defendant

Procedural Posture

Chancery Division Contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the sale contract was discharged due to inability to procure a Section 106 Agreement substantially in the form annexed to the contract
  2. 2 Whether the buyer could waive the condition regarding the Section 106 Agreement
  3. 3 Whether the seller used all reasonable endeavours to obtain the Section 106 Agreement

Ratio Decidendi

The buyer was entitled to waive the requirement for a completed Section 106 Agreement, and the seller had not demonstrated that it was impossible to obtain such an agreement using all reasonable endeavours. The contract was not discharged automatically, and the buyer could elect to complete or terminate.

Court Disposition

Claim dismissed; contract not discharged.

Orders

  • Declaration that the contract remains in force
  • Specific performance not granted