Bellway Homes v Blackwell

Bellway Homes v Blackwell

The court found that a binding compromise was reached between the parties, with all material terms agreed and only matters of wording and logistics left for drafting. The action was compromised as alleged by the Defendant.

Parties
Claimant: Bellway Homes Limited; Defendant: Sandra Blackwell
Jurisdiction
England and Wales
Judgment Date
10 November 2009
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Action compromised; preliminary issue determined in favour of Defendant.
Legal Topics
Settlement Agreements, Right of Entry, Party Wall Awards, Land Transfer
Contract Law Property Law Settlement Agreements Right of Entry Party Wall Awards Land Transfer

Case Brief

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Parties

Bellway Homes Limited

Claimant

Sandra Blackwell

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the action was finally settled by agreement between the parties
  2. 2 Whether a binding compromise was reached
  3. 3 Whether outstanding issues prevented a concluded contract

Ratio Decidendi

The court found that a binding compromise was reached between the parties, with all material terms agreed and only matters of wording and logistics left for drafting. The action was compromised as alleged by the Defendant.

Court Disposition

Action compromised; preliminary issue determined in favour of Defendant.

Orders

  • Action compromised on terms set out in paragraphs numbered 1, 2, first sentence of 3, 5, 6 and 7 on the last page of Miss Blackwell’s witness statement dated 15th October 2009.
  • Parties may agree a better form of wording for the order.