Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd [2016] EWHC 934 (Ch) (13 April 2016)

Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd [2016] EWHC 934 (Ch) (13 April 2016)

The defendant's alleged breaches by Redrow are not sufficiently important or closely connected to the obligation to execute the section 106 agreement to make it inequitable to grant specific performance. Redrow is entitled to summary judgment compelling the defendant to execute the section 106 agreement, with any claims for damages to be pursued separately.

Citation
[2016] EWHC 934 (Ch)
Parties
Claimant: Redrow Homes Limited; Defendant: Martin Dawn (Leckhampton) Limited
Jurisdiction
England and Wales
Judgment Date
13 April 2016
Procedural Posture
Summary Judgment Application / Extemporary Judgment on Summary Judgment Application
Outcome
Summary judgment granted for specific performance
Legal Topics
Specific Performance, Legal Charge, Section 106 Agreement, Planning Permission, Overage Deed, Summary Judgment
Property Law Contract Law Equity Specific Performance Legal Charge Section 106 Agreement Planning Permission Overage Deed +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Redrow Homes Limited

Claimant

Martin Dawn (Leckhampton) Limited

Defendant

Procedural Posture

Summary Judgment Application / Extemporary Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant is obliged under clause 15.9 of the legal charge to execute the section 106 agreement with Tewkesbury Borough Council
  2. 2 Whether Redrow's alleged breaches of the sale contract disentitle it to specific performance
  3. 3 Whether damages for breach of contract are secured by the legal charge

Ratio Decidendi

The defendant's alleged breaches by Redrow are not sufficiently important or closely connected to the obligation to execute the section 106 agreement to make it inequitable to grant specific performance. Redrow is entitled to summary judgment compelling the defendant to execute the section 106 agreement, with any claims for damages to be pursued separately.

Court Disposition

Summary judgment granted for specific performance

Orders

  • Defendant ordered to execute and deliver forthwith the Tewkesbury Borough Council section 106 agreement
  • Permission granted for summary judgment application to proceed before acknowledgement of service