Get Nominees Limited v Trinity Welsh Homes Limited [2014] EWHC 4737 (Ch) (09 September 2014)

Get Nominees Limited v Trinity Welsh Homes Limited [2014] EWHC 4737 (Ch) (09 September 2014)

Clause 2.1 of the contract operates as an option or break clause, requiring strict compliance with the 14-day period for rescission; time is of the essence, and the defendant's purported rescission after expiry of the period was invalid.

Citation
[2014] EWHC 4737 (Ch)
Parties
Claimant: GET NOMINEES LIMITED; Defendant: TRINITY WELSH HOMES LIMITED
Jurisdiction
England and Wales
Judgment Date
09 September 2014
Procedural Posture
Trial / Judgment
Outcome
Claimant succeeds; defendant's rescission invalid.
Legal Topics
Specific Performance, Rescission, Time of the Essence, Sale of Land, Options and Break Clauses
Contract Law Property Law Specific Performance Rescission Time of the Essence Sale of Land Options and Break Clauses

Case Brief

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Parties

GET NOMINEES LIMITED

Claimant

TRINITY WELSH HOMES LIMITED

Defendant

Procedural Posture

Trial / Judgment

Legal Issues

  1. 1 Whether time is of the essence for the right to rescind under clause 2.1 of the sale contract
  2. 2 Whether the defendant validly exercised the right to rescind after the contractual period

Ratio Decidendi

Clause 2.1 of the contract operates as an option or break clause, requiring strict compliance with the 14-day period for rescission; time is of the essence, and the defendant's purported rescission after expiry of the period was invalid.

Court Disposition

Claimant succeeds; defendant's rescission invalid.

Orders

  • Specific performance of the sale agreement ordered.
  • Claimant entitled to £100 for cost of notice to complete.