BDW Trading Ltd v Opticlife Ltd

BDW Trading Ltd v Opticlife Ltd

The Completion Notices served by BDW were invalid because pre-occupation planning requirements were not satisfied at the time of service, as required by the Agreement. BDW’s departure from specification was not an authorised variation, adversely affecting the value of the flats. Therefore, BDW’s purported...

Source-derived case information.

Parties
Claimant: BDW Trading Limited; Defendant: Opticlife Limited
Jurisdiction
England and Wales
Judgment Date
29 July 2010
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim dismissed; counterclaim allowed
Legal Topics
Forfeiture of Deposit, Breach of Contract, Variation of Specification, Planning Conditions, Completion Notices
Contract Law Property Law Forfeiture of Deposit Breach of Contract Variation of Specification Planning Conditions Completion Notices

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Parties

BDW Trading Limited

Claimant

Opticlife Limited

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Were the pre-occupation planning requirements satisfied on 3 November 2008?
  2. 2 Does non-satisfaction of pre-occupation planning requirements invalidate Completion Notices?
  3. 3 Was BDW’s departure from specification an authorised variation?

Ratio Decidendi

The Completion Notices served by BDW were invalid because pre-occupation planning requirements were not satisfied at the time of service, as required by the Agreement. BDW’s departure from specification was not an authorised variation, adversely affecting the value of the flats. Therefore, BDW’s purported termination and forfeiture of deposit was a repudiatory breach, entitling Opticlife to return of the deposit with accrued interest.

Court Disposition

Claim dismissed; counterclaim allowed

Orders

  • Monies standing to the credit of the joint account (deposit and accrued interest) to be paid to Opticlife Limited