Bolton MBC v Torkington
Series: Estates Gazette ; [2004] 07 EG 132-139(8)Publication details: 2004Subject(s): Summary: [2003] EWCA Civ 1634, 31 October 2003. Appeal by defendant (T) against HC decision granting claimant council (B) possession of property owned by it and occupied by T. B had instigated possession proceedings after failing to agree lease terms with T. Concerned with the interpretation of the Law of Property Act 1925 s74(1) with regards to the delivery and sealing of a deed. "Held": s74(1) was not concerned with the delivery of a deed but with the effect of its sealing by a corporation. A lease sealed in negotiations conducted subject to contract prior to completion had not been delivered and therefore s74(1) did not apply. "Longman v Viscount Chelsea and others" (CA, Abs41712) applied. Appeal dismissed. HL refused leave to appeal.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67639 (Browse shelf(Opens below)) | 1 | Available | 125380-1001 |
[2003] EWCA Civ 1634, 31 October 2003. Appeal by defendant (T) against HC decision granting claimant council (B) possession of property owned by it and occupied by T. B had instigated possession proceedings after failing to agree lease terms with T. Concerned with the interpretation of the Law of Property Act 1925 s74(1) with regards to the delivery and sealing of a deed. "Held": s74(1) was not concerned with the delivery of a deed but with the effect of its sealing by a corporation. A lease sealed in negotiations conducted subject to contract prior to completion had not been delivered and therefore s74(1) did not apply. "Longman v Viscount Chelsea and others" (CA, Abs41712) applied. Appeal dismissed. HL refused leave to appeal.