Best Beat Ltd v Mourant & Co Trustees Ltd & Anor [2008] EWHC 3156 (Ch) (18 December 2008)

Best Beat Ltd v Mourant & Co Trustees Ltd & Anor [2008] EWHC 3156 (Ch) (18 December 2008)

The contract required the claimant to obtain an executed and unconditionally delivered deed of release from the third party by the Longstop Date. This was not achieved, as the deed was not delivered unconditionally until after the Longstop Date. The Seller's Notice was also invalid as it was served before the release was obtained. Therefore, the defendants have a real prospect of successfully defending the claim, and summary judgment is refused.

Citation
[2008] EWHC 3156 (Ch)
Parties
Claimant: Best Beat Ltd (In Liquidation); Defendant: Mourant & Co Trustees Ltd; Defendant: Mourant Property Trustees Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Civil / Summary Judgment Application (part 24)
Outcome
Application for summary judgment dismissed
Legal Topics
Specific Performance, Variation of Contract, Construction of Contract Terms, Longstop Date, Release of Proprietary Interest, Summary Judgment, Vacant Possession
Contract Law Property Law Insolvency Law Specific Performance Variation of Contract Construction of Contract Terms Longstop Date Release of Proprietary Interest +2 more

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Parties

Best Beat Ltd (In Liquidation)

Claimant

Mourant & Co Trustees Ltd

Defendant

Mourant Property Trustees Ltd

Defendant

Procedural Posture

Civil / Summary Judgment Application (part 24)

Legal Issues

  1. 1 Whether the claimant is entitled to specific performance of the contract for sale of property
  2. 2 Whether the claimant obtained a valid release of a third party's claim before the Longstop Date as required by the contract
  3. 3 Whether the Seller's Notice was validly served under the contract terms

Ratio Decidendi

The contract required the claimant to obtain an executed and unconditionally delivered deed of release from the third party by the Longstop Date. This was not achieved, as the deed was not delivered unconditionally until after the Longstop Date. The Seller's Notice was also invalid as it was served before the release was obtained. Therefore, the defendants have a real prospect of successfully defending the claim, and summary judgment is refused.

Court Disposition

Application for summary judgment dismissed

Orders

  • Claimant's Part 24 application for summary judgment is dismissed