Woodford Land Ltd v Persimmon Homes Ltd [2011] EWHC 984 (Ch) (15 April 2011)
On the true construction of the agreement, the burden of the costs of providing affordable housing under a section 106 agreement falls on Persimmon and is not deductible from the purchase price; therefore, there is nothing to rectify and the rectification claim fails.
- Citation
- [2011] EWHC 984 (Ch)
- Parties
- Claimant: Woodford Land Limited; Defendant: Persimmon Homes Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2011
- Procedural Posture
- Rectification Claim (chancery Division, High Court) / Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- Rectification of Contract, Interpretation of Contracts, Section 106 Agreements, Affordable Housing Obligations
Case Brief
Summary, issues, holding and outcome
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Parties
Woodford Land Limited
Claimant
Persimmon Homes Limited
Defendant
Procedural Posture
Rectification Claim (chancery Division, High Court) / Judgment After Trial
Legal Issues
- 1 Whether the option agreement should be rectified to exclude affordable housing costs from development costs deductible from the purchase price
- 2 Whether, on the true construction of the agreement, the costs of affordable housing fall on the purchaser or are deductible from the purchase price
Ratio Decidendi
On the true construction of the agreement, the burden of the costs of providing affordable housing under a section 106 agreement falls on Persimmon and is not deductible from the purchase price; therefore, there is nothing to rectify and the rectification claim fails.
Court Disposition
Claim dismissed
Orders
- Rectification claim dismissed
- No rectification of the agreement
Full Case Text
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