Ross River Limited and another V Cambridge City FC [electronic resource]
Ross River Limited and another V Cambridge City FC [electronic resource]
- 2007
[2007] EWHC 2115 (Ch), 19 September 2007. Considered whether an agreement for redevelopment could be rescinded owing to a misrepresentation of the value of that development, and an undisclosed payment to an individual with a vested interest. The defendant football club (C) sold the freehold in its ground to the developers (R), under the representation of its Chief Executive (E). R granted C a lease of the ground while arranging redevelopment. C sold its share in the ground overage to R. During negations, C's surveyor requested various information from R's project manager (H) who made representations. At the same time, H arranged a payment to E. C issued a notice against R's registration of the ground, and R instigated proceedings against this. "Held": R had a duty of full disclosure of facts to C by virtue of a mutual good faith agreement. H had not disclosed all the facts to C's surveyor and had therefore misrepresented key aspects of the sale on R's behalf. Due to this, C was entitled to rescind the overage agreement. Sufficient disclosure of the payment to E had not been made. However the original sale of the ground had been conducted before the subsequent issues arose and remained valid. Judgment accordingly.
ROSS RIVER LTD AND ANOTHER V CAMBRIDGE CITY FC
England and Wales--1543-
[2007] EWHC 2115 (Ch), 19 September 2007. Considered whether an agreement for redevelopment could be rescinded owing to a misrepresentation of the value of that development, and an undisclosed payment to an individual with a vested interest. The defendant football club (C) sold the freehold in its ground to the developers (R), under the representation of its Chief Executive (E). R granted C a lease of the ground while arranging redevelopment. C sold its share in the ground overage to R. During negations, C's surveyor requested various information from R's project manager (H) who made representations. At the same time, H arranged a payment to E. C issued a notice against R's registration of the ground, and R instigated proceedings against this. "Held": R had a duty of full disclosure of facts to C by virtue of a mutual good faith agreement. H had not disclosed all the facts to C's surveyor and had therefore misrepresented key aspects of the sale on R's behalf. Due to this, C was entitled to rescind the overage agreement. Sufficient disclosure of the payment to E had not been made. However the original sale of the ground had been conducted before the subsequent issues arose and remained valid. Judgment accordingly.
ROSS RIVER LTD AND ANOTHER V CAMBRIDGE CITY FC
England and Wales--1543-