Purewal v Sohal & Ors

Purewal v Sohal & Ors

The agreement was void for lack of writing as required for disposition of an interest in land. Mr Purewal was entitled to recover sums paid under the void agreement, less credit for benefits received, including occupation and goodwill. The judge's calculation, though not precise, was not interfered with as it was more than adequate to meet the justice of the situation.

Parties
Appellant/claimant: Purewal; Respondents/defendants: Sohal & Others
Jurisdiction
England and Wales
Judgment Date
25 July 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Void Agreements, Restitution, Goodwill Valuation, Market Rent, Remedies for Failed Land Disposition
Contract Law Property Law Void Agreements Restitution Goodwill Valuation Market Rent Remedies for Failed Land Disposition

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Parties

Purewal

Appellant/claimant

Sohal & Others

Respondents/defendants

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the agreement for the sale of the Indian takeaway restaurant was void for lack of writing as required for disposition of an interest in land
  2. 2 What sums should be recoverable by the claimant under a void agreement
  3. 3 How to account for benefits received under the void agreement

Ratio Decidendi

The agreement was void for lack of writing as required for disposition of an interest in land. Mr Purewal was entitled to recover sums paid under the void agreement, less credit for benefits received, including occupation and goodwill. The judge's calculation, though not precise, was not interfered with as it was more than adequate to meet the justice of the situation.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No interference with the sum awarded by the judge