Shah & Anor v Greening & Anor [2016] EWHC 548 (Ch) (16 March 2016)

Shah & Anor v Greening & Anor [2016] EWHC 548 (Ch) (16 March 2016)

The contract of sale and related agreements were not entered into for an illegal purpose and are enforceable; no extraordinary hardship exists to justify refusal of specific performance; damages are recoverable for losses arising from breach.

Citation
[2016] EWHC 548 (Ch)
Parties
Claimant: Anuj Shah; Claimant: Dishit Shah; Defendant: Susanah Eforma Greening; Defendant: The Estate of George Harry Greening
Jurisdiction
England and Wales
Judgment Date
16 March 2016
Procedural Posture
Chancery Division Civil Claim / Final Judgment After Trial
Outcome
Specific performance granted; damages awarded for breach of contract.
Legal Topics
Specific Performance, Illegality in Contracts, Damages for Breach of Contract, Hardship in Equity
Contract Law Equity Property Law Specific Performance Illegality in Contracts Damages for Breach of Contract Hardship in Equity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 21
Sign in to unlock

Parties

Anuj Shah

Claimant

Dishit Shah

Claimant

Susanah Eforma Greening

Defendant

The Estate of George Harry Greening

Defendant

Procedural Posture

Chancery Division Civil Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether the contract of sale and related agreements are unenforceable for illegality (stamp duty avoidance)
  2. 2 Whether specific performance should be refused on grounds of exceptional hardship
  3. 3 Assessment of damages for breach of contract

Ratio Decidendi

The contract of sale and related agreements were not entered into for an illegal purpose and are enforceable; no extraordinary hardship exists to justify refusal of specific performance; damages are recoverable for losses arising from breach.

Court Disposition

Specific performance granted; damages awarded for breach of contract.

Orders

  • Order for specific performance of the contract of sale.
  • Award of damages for net rental loss, wasted mortgage brokerage fees, wasted insurance and mortgage arrangement fees, removal fees, bridging finance fees.