Briargate Developments Ltd v Newprop Co Ltd
Briargate Developments Ltd v Newprop Co Ltd
- 1989
- Estates Gazette (1989) 33 EG 42-48(4) .
ChD 6 March 1989. A claim for specific performance of an option agreement for purchase of a leasehold interest in a shopping centre . N the defendant company offered B, the plaintiff company, an option to purchase their interest in the centre for £6m. £300,000 option money would be deducted from the £6m if a contact for sale was to arise. B were unable to raise the full amount and entered into an agreement with a third company, Taylor Woodrow Properties Ltd (TW), who agreed to purchase the centre for £7m if B exercised the option. When this happened, N refused to assign directly to the third company, and contended that the agreement between B and TW was a breach of the assignment clause in the option agreement, and that the financial arrangements breached the profit-sharing provisions. N also contended they were under no duty to transfer the leasehold interest directly to TW. The judge accepted this point, but rejected N`s two main submissions. B`s claim for specific performance allo
ChD 6 March 1989. A claim for specific performance of an option agreement for purchase of a leasehold interest in a shopping centre . N the defendant company offered B, the plaintiff company, an option to purchase their interest in the centre for £6m. £300,000 option money would be deducted from the £6m if a contact for sale was to arise. B were unable to raise the full amount and entered into an agreement with a third company, Taylor Woodrow Properties Ltd (TW), who agreed to purchase the centre for £7m if B exercised the option. When this happened, N refused to assign directly to the third company, and contended that the agreement between B and TW was a breach of the assignment clause in the option agreement, and that the financial arrangements breached the profit-sharing provisions. N also contended they were under no duty to transfer the leasehold interest directly to TW. The judge accepted this point, but rejected N`s two main submissions. B`s claim for specific performance allo