Thandi v Saggu [2023] EWHC 1379 (Ch) (08 June 2023)

Thandi v Saggu [2023] EWHC 1379 (Ch) (08 June 2023)

The issues raised in relation to the Contract Counterclaim, including contract formation, compliance with section 2 of the 1989 Act, estoppel, and adequacy of pleading, are not suitable for summary determination due to factual disputes, unpleaded arguments, and linkage to other claims proceeding to trial. The Defendant has a real prospect of success on these issues and they are best determined at trial.

Citation
[2023] EWHC 1379 (Ch)
Parties
Claimant: Kuljinder Kaur Thandi; Defendant: Tripatpal Saggu
Jurisdiction
England and Wales
Judgment Date
08 June 2023
Procedural Posture
Chancery Division Business and Property Courts / Application for Summary Judgment and Unless Order
Outcome
Application for summary judgment refused.
Legal Topics
Summary Judgment, Contract Formation, Proprietary Estoppel, Constructive Trust, Section 2 Law of Property (miscellaneous Provisions) Act 1989, Estoppel, Breach of Contract
Contract Law Property Law Equity Summary Judgment Contract Formation Proprietary Estoppel Constructive Trust Section 2 Law of Property (miscellaneous Provisions) Act 1989 +2 more

Case Brief

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Parties

Kuljinder Kaur Thandi

Claimant

Tripatpal Saggu

Defendant

Procedural Posture

Chancery Division Business and Property Courts / Application for Summary Judgment and Unless Order

Legal Issues

  1. 1 Whether the letters constituted a binding contract for sale of property
  2. 2 Whether the contract failed to comply with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989
  3. 3 Whether estoppel by convention or equitable estoppel applies

Ratio Decidendi

The issues raised in relation to the Contract Counterclaim, including contract formation, compliance with section 2 of the 1989 Act, estoppel, and adequacy of pleading, are not suitable for summary determination due to factual disputes, unpleaded arguments, and linkage to other claims proceeding to trial. The Defendant has a real prospect of success on these issues and they are best determined at trial.

Court Disposition

Application for summary judgment refused.

Orders

  • Defendant to provide further and better particulars of alleged breach within 21 days (by 29 June 2023).
  • Counsel to agree a minute of order.