[2007] EWHC 1694 (Ch); [2007] 37 EG 234, 12 June 2007. Considers whether a contract may stipulate exceptions to the Law of Property Act 1925 s49(2) ('the clause'). The claimant purchaser (A) entered into contracts to purchase two properties from the defendant vendor (J). The contracts attempted to disallow the right of the courts to order repayment of a deposit. A paid the necessary deposit but failed to complete the contracts even after J served notice to complete. Instead, A brought action for return of the deposit. He contended that contracting out of the clause was not permissible. J argued that parliament had not prevented contracting out of this rule and that A had waived the benefit of the section by accepting the clause in the contract. J applied for summary dismissal of the claim. "Held": The clause does not confer a benefit on a party to contract. Rather, it sets out the powers of the court. It is not possible to contract out of the court's powers of jurisdiction. Application dismissed.