PJP (NE) Ltd v Taylor [2022] EWHC 709 (Ch) (01 April 2022)

PJP (NE) Ltd v Taylor [2022] EWHC 709 (Ch) (01 April 2022)

The Contract was automatically determined due to failure to serve Completion Notice before 16:00 on 28 November 2018; PJP is estopped from claiming rent under the Lease due to waiver by non-demand; Mr Taylor is not entitled to restitution as insurance payments were made by PJP, not BHHL or Mr Taylor.

Citation
[2022] EWHC 709 (Ch)
Parties
Claimant: PJP (NE) Limited; Defendant: Philip Anthony Taylor
Jurisdiction
England and Wales
Judgment Date
01 April 2022
Procedural Posture
Contract and Lease Dispute / Final Judgment After Trial
Outcome
Claim and counterclaim dismissed.
Legal Topics
Specific Performance, Breach of Contract, Estoppel, Frustration, Lease Disclaimer, Restitution, Insurance
Contract Law Landlord and Tenant Law Equity Specific Performance Breach of Contract Estoppel Frustration Lease Disclaimer +2 more

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Parties

PJP (NE) Limited

Claimant

Philip Anthony Taylor

Defendant

Procedural Posture

Contract and Lease Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Contract for sale was enforceable based on timely service of Completion Notice
  2. 2 Whether the Lease entitled PJP to claim rent from Mr Taylor as guarantor
  3. 3 Whether PJP was estopped from claiming rent

Ratio Decidendi

The Contract was automatically determined due to failure to serve Completion Notice before 16:00 on 28 November 2018; PJP is estopped from claiming rent under the Lease due to waiver by non-demand; Mr Taylor is not entitled to restitution as insurance payments were made by PJP, not BHHL or Mr Taylor.

Court Disposition

Claim and counterclaim dismissed.