McGahon v Crest Nicholson Regeneration Ltd
The right to rescind under clause 4 only exists up until the grant of the headlease and does not continue once the headlease has been granted; notice of rescission can only be given while the condition remains unperformed.
- Parties
- Appellant: McGahon; Respondent: Crest Nicholson Regeneration Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 21 July 2010
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Conditional Contracts, Rescission Rights, Property Transactions
Case Brief
Summary, issues, holding and outcome
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Parties
McGahon
Appellant
Crest Nicholson Regeneration Ltd
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the right to rescind under clause 4 subsisted after the grant of the headlease but after 1st June 2008
- 2 Interpretation of contractual terms regarding rescission and notification
Ratio Decidendi
The right to rescind under clause 4 only exists up until the grant of the headlease and does not continue once the headlease has been granted; notice of rescission can only be given while the condition remains unperformed.
Court Disposition
appeal dismissed
Full Case Text
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