[2008] EWHC 2201 (Ch), [2008] 46 EG 116, 2 July 2008. Court construed contract for the sale of property and refused declarations sought by both buyer and seller on the interpretation of a clause regarding the purchase price. Claimant (X) and defendant (C) had entered into a contract whereby X would sell freehold property to C, who had hoped to develop the properties into flats. There were restrictive covenants on the properties and a clause was drafted that meant that the purchase was provisional on C obtaining planning permission, although C was able to waive this clause if it chose to do so. C was unable to obtain planning permission and decided to waive the clause. At the date of completion X and C were in disagreement over the purchase price due. X maintained that it was the full value originally stated as planning permission etc. were not obtained, whereas C asserted that it should pay less to reflect the fact that it would have to pay to to release the covenants at a future date. Held: the judge dismissed both arguments as being less than persuasive and granted permission to appeal only on the matter of the definition of the relevant clause at a future date; ruling that it was not fit for the court to comment on it at this juncture.