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Millers Wharf Partnership Ltd v Corinthian Column Ltd

Language: English Series: Estates Gazette ; (1991) 21 EG 115-120; 22 EG 124-132(9)Publication details: 1991Subject(s): Summary: ChD 16 July 1990. The plaintiff company M acquired a docklands site for redevelopment and entered into an agreement with the defendant company C to grant the lease of flat 22. The conversion scheme was subject to a number of consents and conditions from different authorities including planning and listed building consent and building regulations . The agreement stipulated that M should use all reasonable endeavours to satisfy the various conditions by 30 June 1988 and if they had not either party could rescind the agreement. Not all consents were obtained and C gave notice of recission. M challenged this. The question arose as to whether the right to rescind could still be used if the conditions had been met by the time it was issued even if this was after the stated date. It was held that the words `at any time thereafter` in the agreement meant that C could rescind it despite the relevant consents having now been obtained.
Holdings
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Law report London Journal article ABS44747 (Browse shelf(Opens below)) 1 Available 48887-1001

ChD 16 July 1990. The plaintiff company M acquired a docklands site for redevelopment and entered into an agreement with the defendant company C to grant the lease of flat 22. The conversion scheme was subject to a number of consents and conditions from different authorities including planning and listed building consent and building regulations . The agreement stipulated that M should use all reasonable endeavours to satisfy the various conditions by 30 June 1988 and if they had not either party could rescind the agreement. Not all consents were obtained and C gave notice of recission. M challenged this. The question arose as to whether the right to rescind could still be used if the conditions had been met by the time it was issued even if this was after the stated date. It was held that the words `at any time thereafter` in the agreement meant that C could rescind it despite the relevant consents having now been obtained.