Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd

Family Mosaic Home Ownership Ltd v Peer Real Estate Ltd

The court has jurisdiction and power to transfer an existing case into the Shorter Trials Scheme, and this commercial property dispute is suitable for expedited management under the scheme, with both parties consenting and no exclusions applying.

Parties
Claimant: Family Mosaic Home Ownership Ltd; Defendant: Peer Real Estate Ltd
Jurisdiction
England and Wales
Judgment Date
16 February 2016
Procedural Posture
Commercial Property Dispute / Application to Transfer to Shorter Trials Scheme
Outcome
application granted
Legal Topics
Specific Performance, Contractual Waiver, Estoppel, Shorter Trials Scheme, Case Management
Commercial Law Property Law Specific Performance Contractual Waiver Estoppel Shorter Trials Scheme Case Management

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Parties

Family Mosaic Home Ownership Ltd

Claimant

Peer Real Estate Ltd

Defendant

Procedural Posture

Commercial Property Dispute / Application to Transfer to Shorter Trials Scheme

Legal Issues

  1. 1 whether the court has jurisdiction to transfer a pending case into the Shorter Trials Scheme
  2. 2 whether the case falls within the class of cases which the scheme is for
  3. 3 whether it is an appropriate case to transfer

Ratio Decidendi

The court has jurisdiction and power to transfer an existing case into the Shorter Trials Scheme, and this commercial property dispute is suitable for expedited management under the scheme, with both parties consenting and no exclusions applying.

Court Disposition

application granted

Orders

  • case transferred to the Shorter Trials Scheme
  • case to be managed by a designated judge