Gladman Developments Ltd v Sutton & Ors [2016] EWHC 1597 (Ch) (01 July 2016)

Gladman Developments Ltd v Sutton & Ors [2016] EWHC 1597 (Ch) (01 July 2016)

On objective assessment of the parties' communications, conduct, and subsequent correspondence, no binding oral agreement was made between Gladman Developments Limited and the Sutton Defendants for the promotion of Bent Farm land; discussions were 'in principle' only and essential terms remained to be agreed, with both parties acting on the basis that a written agreement would be required.

Citation
[2016] EWHC 1597 (Ch)
Parties
Claimant: Gladman Developments Limited; Defendant: Patricia Sutton; Defendant: John Roger Sutton; Defendant: Andrew John Sutton; Defendant: Roger Gregory Sutton
Jurisdiction
England and Wales
Judgment Date
01 July 2016
Procedural Posture
Commercial Contract Dispute / High Court Trial Judgment
Outcome
Claim dismissed
Legal Topics
Formation of Oral Contracts, Promotion Agreements, Land Development, Intention to Create Legal Relations
Contract Law Property Law Formation of Oral Contracts Promotion Agreements Land Development Intention to Create Legal Relations

Case Brief

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Parties

Gladman Developments Limited

Claimant

Patricia Sutton

Defendant

John Roger Sutton

Defendant

Andrew John Sutton

Defendant

Roger Gregory Sutton

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Whether a legally binding oral agreement was made for land promotion
  2. 2 Whether subsequent conduct and correspondence evidenced a binding contract

Ratio Decidendi

On objective assessment of the parties' communications, conduct, and subsequent correspondence, no binding oral agreement was made between Gladman Developments Limited and the Sutton Defendants for the promotion of Bent Farm land; discussions were 'in principle' only and essential terms remained to be agreed, with both parties acting on the basis that a written agreement would be required.

Court Disposition

Claim dismissed

Orders

  • No binding oral agreement found; claim for enforcement of oral contract rejected