Quest Advisors Ltd v McFeely & Anor [2009] EWHC 2651 (Ch) (22 October 2009)

Quest Advisors Ltd v McFeely & Anor [2009] EWHC 2651 (Ch) (22 October 2009)

Quest Advisors Limited is the party to the agreement; the assignment to Sharriba Limited was ineffective as to the right to require leases, but Quest retains that right; the deed and notice did not constitute repudiatory breach as there was no intention to abandon the contract; both defendants, including the successor in title, are bound to grant the leases, provided the required contribution is paid; relief is not premature as the obligation to grant leases is conditional on payment.

Citation
[2009] EWHC 2651 (Ch)
Parties
Claimant: Quest Advisors Limited; Claimant: Sharriba Limited; Defendant: Thomas Bernard McFeely; Defendant: Conal Derek McFeely
Jurisdiction
England and Wales
Judgment Date
22 October 2009
Procedural Posture
Chancery Division Civil Claim / Judgment After Trial
Outcome
Declaration granted in favour of Quest Advisors Limited, conditional on payment of required contribution.
Legal Topics
Assignment of Contract, Repudiatory Breach, Land Registration, Obligation to Grant Leases, Successors in Title
Property Law Contract Law Assignment of Contract Repudiatory Breach Land Registration Obligation to Grant Leases Successors in Title

Case Brief

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Parties

Quest Advisors Limited

Claimant

Sharriba Limited

Claimant

Thomas Bernard McFeely

Defendant

Conal Derek McFeely

Defendant

Procedural Posture

Chancery Division Civil Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the first claimant is the party to the agreement
  2. 2 Whether the benefit of the agreement was validly assigned to the second claimant
  3. 3 Whether the claimants repudiated the agreement

Ratio Decidendi

Quest Advisors Limited is the party to the agreement; the assignment to Sharriba Limited was ineffective as to the right to require leases, but Quest retains that right; the deed and notice did not constitute repudiatory breach as there was no intention to abandon the contract; both defendants, including the successor in title, are bound to grant the leases, provided the required contribution is paid; relief is not premature as the obligation to grant leases is conditional on payment.

Court Disposition

Declaration granted in favour of Quest Advisors Limited, conditional on payment of required contribution.

Orders

  • Declaration that on or before completion of the development the defendants are obliged to grant the leases of the ground floor commercial space to Quest or as it may direct, provided payment of the required contribution is made.
  • Further relief to be determined after hearing counsel.