Valbonne Estates Limited v United Homes Limited

Valbonne Estates Limited v United Homes Limited

The court held that a constructive trust does not arise merely because there is a possibility of specific performance in the future; it arises only if specific performance would have been available at the relevant date. The question of whether specific performance would have been granted as at 4 November 2020...

Source-derived case information.

Parties
Claimant: Valbonne Estates Limited; Defendant: United Homes Limited
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Civil Property/trusts / Summary Judgment and Amendment Applications
Outcome
UHL's application for summary judgment dismissed; Valbonne's amendment application granted (subject to amendments to certain claims); Beckton to be joined as a party; claims in unlawful means conspiracy and procuring breach of contract to be struck out unless amended.
Legal Topics
Constructive Trusts, Specific Performance, Assignment of Lease, Landlord Consent, Summary Judgment, Contract Variation, Unlawful Means Conspiracy, Procuring Breach of Contract
Property Law Equity and Trusts Constructive Trusts Specific Performance Assignment of Lease Landlord Consent Summary Judgment Contract Variation +2 more

Source-derived case record

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 4 Authorities cited 16 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Valbonne Estates Limited

Claimant

United Homes Limited

Defendant

Procedural Posture

Civil Property/trusts / Summary Judgment and Amendment Applications

Legal Issues

  1. 1 Whether a constructive trust arose in favour of Valbonne under a contract for assignment of a lease requiring landlord's consent before such consent was given
  2. 2 Whether the contract was specifically enforceable as at 4 November 2020
  3. 3 Whether Valbonne's claims in unlawful means conspiracy and procuring breach of contract are adequately pleaded

Ratio Decidendi

The court held that a constructive trust does not arise merely because there is a possibility of specific performance in the future; it arises only if specific performance would have been available at the relevant date. The question of whether specific performance would have been granted as at 4 November 2020 involves disputed facts and legal uncertainty, and cannot be determined summarily. The claims in unlawful means conspiracy and procuring breach of contract are inadequately pleaded and liable to be struck out unless amended.

Court Disposition

UHL's application for summary judgment dismissed; Valbonne's amendment application granted (subject to amendments to certain claims); Beckton to be joined as a party; claims in unlawful means conspiracy and procuring breach of contract to be struck out unless amended.

Orders

  • UHL's summary judgment application dismissed
  • Valbonne granted permission to amend particulars of claim (subject to amendments to paragraphs 94-96)