Patrick John Lomax & Anor v Susan Wendy Dimelow & Anor

Patrick John Lomax & Anor v Susan Wendy Dimelow & Anor

No binding oral agreement was reached for the purchase price of Plot C or Plot F; deposit payment was not a condition precedent for Option F but was for Option C when price was agreed; the Defendants validly terminated Option C for failure to complete and pay deposit after expert determination; the Defendants were not in breach of contract by failing to transfer the plots; no losses were proved.

Parties
Claimant: Patrick John Lomax; Claimant: Orchard House Property Developments Limited; Defendant: Susan Wendy Dimelow; Defendant: Lorna Mary Dimelow
Jurisdiction
England and Wales
Judgment Date
06 September 2025
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Land Options, Specific Performance, Expert Determination, Waiver by Estoppel, Repudiatory Breach, Deposit Payment, Contractual Interpretation
Contract Law Property Law Land Options Specific Performance Expert Determination Waiver by Estoppel Repudiatory Breach Deposit Payment +1 more

Case Brief

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Parties

Patrick John Lomax

Claimant

Orchard House Property Developments Limited

Claimant

Susan Wendy Dimelow

Defendant

Lorna Mary Dimelow

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether binding oral agreements were reached for the purchase price of Plot C and Plot F
  2. 2 Whether waiver by estoppel applies to the purchase price of Plot C
  3. 3 Whether exercise of options was conditional upon deposit payment

Ratio Decidendi

No binding oral agreement was reached for the purchase price of Plot C or Plot F; deposit payment was not a condition precedent for Option F but was for Option C when price was agreed; the Defendants validly terminated Option C for failure to complete and pay deposit after expert determination; the Defendants were not in breach of contract by failing to transfer the plots; no losses were proved.

Court Disposition

Claims dismissed

Orders

  • Orchard House’s claims, including the Part 8 Claim, are dismissed.
  • Mr Lomax’s claim is dismissed.