Procedure - abuse of process
Procedure - abuse of process
- 2001
- Estates Gazette [2001] 34 EG 99 (CS) (25/08/01) .
"Carter Commercial Developments Ltd v Bedford BC and another" QBD 27 July 2001. Developer (A) entered into an option agreement with B, owner of part of the land A sought to develop and gain planning permission for from the council (C). The agreement included a clause providing for the extension of the termination date. A sought to exercise his option to purchase the land and served a notice on B. B challenged the validity of the notice, on the grounds it had been served too late. A then issued proceedings against (C) in accordance with CPR Part 8. A sought a declaration from C that it had agreed to an extension of the period for determining the planning application. Together, B and C sought an order striking out the claim, stating that the proceedings were an abuse of process. Held: claim struck out.
CIVIL PROCEDURE RULES PART 8
EXTENSION OF TIME
ABUSE OF PROCESS
CARTER COMMERCIAL DEVELOPMENTS V BEDORD BC AND ANOTHER
PLANNING APPLICATIONS
"Carter Commercial Developments Ltd v Bedford BC and another" QBD 27 July 2001. Developer (A) entered into an option agreement with B, owner of part of the land A sought to develop and gain planning permission for from the council (C). The agreement included a clause providing for the extension of the termination date. A sought to exercise his option to purchase the land and served a notice on B. B challenged the validity of the notice, on the grounds it had been served too late. A then issued proceedings against (C) in accordance with CPR Part 8. A sought a declaration from C that it had agreed to an extension of the period for determining the planning application. Together, B and C sought an order striking out the claim, stating that the proceedings were an abuse of process. Held: claim struck out.
CIVIL PROCEDURE RULES PART 8
EXTENSION OF TIME
ABUSE OF PROCESS
CARTER COMMERCIAL DEVELOPMENTS V BEDORD BC AND ANOTHER
PLANNING APPLICATIONS