Pittack v Naviede [2010] EWHC 1509 (Ch) (24 June 2010)

Pittack v Naviede [2010] EWHC 1509 (Ch) (24 June 2010)

Clause 1.5 of the Standard Conditions of Sale (4th edition) does not exclude sub-sales; the purchaser was entitled to rescind the contract due to the vendor's refusal to transfer to a sub-purchaser and failure to provide a written licence to assign by the required date; the purchaser was not in breach and is entitled to the return of the deposit with interest.

Citation
[2010] EWHC 1509 (Ch)
Parties
Claimant: Daniel Pittack; Defendant: Muhammad Maximilian Naviede
Jurisdiction
England and Wales
Judgment Date
24 June 2010
Procedural Posture
Property Conveyancing Dispute / Judgment After Trial
Outcome
Claimant entitled to rescind contract and recover deposit with interest.
Legal Topics
Conveyancing, Sub Sales, Contract Rescission, Deposit Entitlement, Licence to Assign
Property Law Contract Law Conveyancing Sub Sales Contract Rescission Deposit Entitlement Licence to Assign

Case Brief

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Parties

Daniel Pittack

Claimant

Muhammad Maximilian Naviede

Defendant

Procedural Posture

Property Conveyancing Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether clause 1.5 of the Standard Conditions of Sale (4th edition) excludes sub-sales
  2. 2 Whether the purchaser or vendor was entitled to rescind the contract and recover the deposit
  3. 3 Whether the licence to assign was properly obtained

Ratio Decidendi

Clause 1.5 of the Standard Conditions of Sale (4th edition) does not exclude sub-sales; the purchaser was entitled to rescind the contract due to the vendor's refusal to transfer to a sub-purchaser and failure to provide a written licence to assign by the required date; the purchaser was not in breach and is entitled to the return of the deposit with interest.

Court Disposition

Claimant entitled to rescind contract and recover deposit with interest.

Orders

  • Return of deposit to claimant with accrued interest
  • No order on claim for lien over property