Warnborough Ltd v Garmite Ltd (Record no. 76396)

MARC details
000 -LEADER
fixed length control field 02134cab a2200265 4500
001 - CONTROL NUMBER
control field ##L132314
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060125n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132314
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Warnborough Ltd v Garmite Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
490 #0 - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation [2006] 03 EG 121 (CS) (1)
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 10 CL, 12 January 2006. Considers whether an option agreement fell within the court's jurisdiction to grant relief from forfeiture. W sought performance of a contract for the sale and purchase of a property following W's exercising of an option to repurchase the properties granted to W by G. Upon completion the purchase price was left outstanding, secured by a charge on the property. At the same time G granted W an option with specific conditions to repurchase the property. G fell into arrears with payments under the charge and both parties then agreed a replacement option. G fell further into arrears and W sought to exercise the option. G contended that: (1) the option was unenforceable as it was a clog on the equity of redemption; (2) it was in the nature of a penalty or provision for forfeiture and (3) that the court should grant relief from forfeiture. "Held": claim allowed. As the transaction was a sale and purchase and not a mortgage the rule on clogs did not apply. There was no basis for the estoppel defence. The provisions of the option agreements were not in the nature of a penalty and there were no grounds for relief from forfeiture.
590 ## - LOCAL NOTE (RLIN)
Local note IKA310106
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WARNBOROUGH LTD V GARMITE LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PENNINGTON V CROSSLEY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element JOBSON V JOBSON
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHILOH SPINNERS LTD V HARDING
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DUNLOP PNEUMATIC TYRE CO LTD V NEW GARAGE AND MOTOR CO LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element STARSIDE PROPERTIES V MUSTAPHA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ZIM ISRAEL NAVIGATION LTD V EFFY SHIPPING CORPORATION
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TANKEXPRESS A/S V COMPAGNIE FINANCIERE BELGE DES PETROLES SA
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-FORFEITURE OF BUSINESS TENANCIES
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 25/01/2006   L132314 132314-1001 06/08/2019 1 06/08/2019 Law report