Hakimzay Ltd v Swailes [2015] EWHC B14 (Ch) (25 February 2015)
The defendant was not entitled to serve notice of rescission after expiry of the notice to complete without fixing a new date; time was not of the essence after 29 April, claimant did not repudiate the contract, and defendant's purported termination and forfeiture of deposit were invalid.
- Citation
- [2015] EWHC B14 (Ch)
- Parties
- Claimant: Hakimzay Limited; Defendant: Mr. Robin Swailes
- Jurisdiction
- England and Wales
- Judgment Date
- 25 February 2015
- Procedural Posture
- Cross Applications for Summary Judgment / Judgment
- Outcome
- Judgment for claimant
- Legal Topics
- Specific Performance, Repudiatory Breach, Rescission, Sale of Land, Vacant Possession, Amendment of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Hakimzay Limited
Claimant
Mr. Robin Swailes
Defendant
Procedural Posture
Cross Applications for Summary Judgment / Judgment
Legal Issues
- 1 Whether time remained of the essence after expiry of the notice to complete
- 2 Whether claimant's failure to complete on 2 May constituted repudiatory breach
- 3 Whether defendant validly terminated the contract and forfeited the deposit
Ratio Decidendi
The defendant was not entitled to serve notice of rescission after expiry of the notice to complete without fixing a new date; time was not of the essence after 29 April, claimant did not repudiate the contract, and defendant's purported termination and forfeiture of deposit were invalid.
Court Disposition
Judgment for claimant
Orders
- Decree of specific performance granted
- Application for permission to amend defence refused
Full Case Text
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