George Wimpey Manchester Ltd v Valley & Vale Properties Ltd

George Wimpey Manchester Ltd v Valley & Vale Properties Ltd

Wimpey is entitled in principle to a decree of specific performance of the agreement for sale, including execution of the deed of release and a declaration of an unpaid vendor's lien, subject to the unresolved position of the bank as chargee. The unpaid vendor's lien is not excluded by the agreement, as merger is...

Source-derived case information.

Parties
Claimant: George Wimpey Manchester Limited; Defendant: Valley & Vale Properties Ltd; Third Party: The Bank
Jurisdiction
England and Wales
Judgment Date
03 June 2011
Procedural Posture
Civil / Summary Judgment Application and Application for Specific Performance
Outcome
No final order for specific performance or summary judgment; permission to amend granted in principle; directions to be given after hearing counsel.
Legal Topics
Unpaid Vendor's Lien, Specific Performance, Merger of Leasehold and Freehold, Priority of Charges, Business Tenancy Surrender
Property Law Insolvency Law Contract Law Unpaid Vendor's Lien Specific Performance Merger of Leasehold and Freehold Priority of Charges Business Tenancy Surrender

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Parties

George Wimpey Manchester Limited

Claimant

Valley & Vale Properties Ltd

Defendant

The Bank

Third Party

Procedural Posture

Civil / Summary Judgment Application and Application for Specific Performance

Legal Issues

  1. 1 Whether Wimpey is entitled to specific performance of the agreement for sale including execution of a deed of release and declaration of an unpaid vendor's lien
  2. 2 Whether the agreement is void as a surrender of a business tenancy
  3. 3 Whether the bank's interests prevent the grant of specific performance at this stage

Ratio Decidendi

Wimpey is entitled in principle to a decree of specific performance of the agreement for sale, including execution of the deed of release and a declaration of an unpaid vendor's lien, subject to the unresolved position of the bank as chargee. The unpaid vendor's lien is not excluded by the agreement, as merger is contingent on payment of the purchase price. However, no order for specific performance can be made until the bank's position is clarified and the bank is joined as a party to the proceedings.

Court Disposition

No final order for specific performance or summary judgment; permission to amend granted in principle; directions to be given after hearing counsel.