Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd

Redrow Homes Ltd v Martin Dawn (Leckhampton) Ltd

The defendant's obligation under clause 15.9 of the legal charge to execute the section 106 agreement is unqualified (save for the express proviso) and is not rendered inequitable by the claimant's arguable breaches of contract, which sound only in damages. The breaches are not sufficiently connected to the obligation sought to be enforced to justify refusing specific performance. The defendant remains adequately secured and can pursue damages if so advised.

Parties
Claimant: Redrow Homes Limited; Defendant: Martin Dawn (Leckhampton) Limited
Jurisdiction
England and Wales
Judgment Date
13 April 2016
Procedural Posture
Civil (chancery Division) / Summary Judgment Application
Outcome
Summary judgment granted for specific performance
Legal Topics
Specific Performance, Legal Charge, Section 106 Agreement, Summary Judgment, Breach of Contract
Contract Law Property Law Equity Specific Performance Legal Charge Section 106 Agreement Summary Judgment Breach of Contract

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Redrow Homes Limited

Claimant

Martin Dawn (Leckhampton) Limited

Defendant

Procedural Posture

Civil (chancery Division) / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant is obliged to execute a section 106 agreement under clause 15.9 of the legal charge
  2. 2 Whether alleged breaches by the claimant disentitle it to specific performance
  3. 3 Whether the defendant's claims for damages are a defence to specific performance

Ratio Decidendi

The defendant's obligation under clause 15.9 of the legal charge to execute the section 106 agreement is unqualified (save for the express proviso) and is not rendered inequitable by the claimant's arguable breaches of contract, which sound only in damages. The breaches are not sufficiently connected to the obligation sought to be enforced to justify refusing specific performance. The defendant remains adequately secured and can pursue damages if so advised.

Court Disposition

Summary judgment granted for specific performance

Orders

  • Defendant ordered to execute and deliver the Tewkesbury Borough Council section 106 agreement forthwith