George Wimpey Manchester Ltd v Valley & Vale Properties Ltd [2011] EWHC 1833 (Ch) (03 June 2011)

George Wimpey Manchester Ltd v Valley & Vale Properties Ltd [2011] EWHC 1833 (Ch) (03 June 2011)

Wimpey is entitled in principle to specific performance of the agreement and declaration of an unpaid vendor's lien, subject to resolution of the bank's position as chargee and incorporation of safeguards in the deed of release. Merger does not occur until payment of purchase price; lien subsists until then.

Citation
[2011] EWHC 1833 (Ch)
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
Chancery Division Civil Claim / Summary Judgment and Directions Hearing
Outcome
Summary judgment and specific performance not granted at this stage; directions to be made for further proceedings.
Legal Topics
Specific Performance, Vendor's Lien, Merger of Leasehold and Freehold, Priority of Charges, Business Tenancy Surrender
Property Law Insolvency Law Contract Law Specific Performance Vendor's Lien 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

Chancery Division Civil Claim / Summary Judgment and Directions Hearing

Legal Issues

  1. 1 Whether Wimpey is entitled to specific performance of the December 2007 agreement
  2. 2 Whether an unpaid vendor's lien arises in favour of Wimpey
  3. 3 Effect of merger provisions on vendor's lien

Ratio Decidendi

Wimpey is entitled in principle to specific performance of the agreement and declaration of an unpaid vendor's lien, subject to resolution of the bank's position as chargee and incorporation of safeguards in the deed of release. Merger does not occur until payment of purchase price; lien subsists until then.

Court Disposition

Summary judgment and specific performance not granted at this stage; directions to be made for further proceedings.

Orders

  • Permission to amend pleadings to raise lien and seek declarations granted in principle.
  • Bank to be made a party to proceedings before final order for specific performance.