Englewood Properties Ltd v Shailesh Patel and Cornberry Ltd
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 188 (Ch), 16 February 2005. Appeal by the defendant (P) against an order for summary judgment in favour of the claimant (E), a property developer. Considered the effect of common auction agreements on a sale and whether E as a seller of land had a duty as a trustee to continue to perform lease covenants between the contract of sale and completion. The case involved the sale by auction of freehold and leasehold premises. The leasehold premises were bound by a lessor's covenant. "Held": the appeal was dismissed. The common auction agreement emphasised the personal liability of the agent and the joint and several liability of the agent and principal under the contract of the sale. E did not have a duty to impose the user covenant on purchasers of adjoining properties.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 129531-2001 |
[2005] EWHC 188 (Ch), 16 February 2005. Appeal by the defendant (P) against an order for summary judgment in favour of the claimant (E), a property developer. Considered the effect of common auction agreements on a sale and whether E as a seller of land had a duty as a trustee to continue to perform lease covenants between the contract of sale and completion. The case involved the sale by auction of freehold and leasehold premises. The leasehold premises were bound by a lessor's covenant. "Held": the appeal was dismissed. The common auction agreement emphasised the personal liability of the agent and the joint and several liability of the agent and principal under the contract of the sale. E did not have a duty to impose the user covenant on purchasers of adjoining properties.