000			01536cab a2200217 4500
001			ABS38179
008			090401t1987 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u9042
041			_aeng
245			_aTucker v Hutchinson and another
260			_c1987
350			_a0
490			_aProperty and Compensation Reports _v(1987) 54 PCR 106-113(8)
520			_aCA 15 January 1987. An appeal by Tucker(T), from a decision refusing to demand from Hutchinson and Kempton(H), an undertaking in damages as a condition for allowing them to maintain a caution on the register of T`s land. Briefly, T and H had entered into a contract for sale by T of property in London SE15. Completion was conditional upon H obtaining either an established use certificate or planning permission from the planning authority, to use the property as three self contained flats and a basement. H registered a caution at the Land Registry to protect their interests. Three months later, T began proceedings for declarations that the contract no longer subsisted and that it had been repudiated by H because they had not made an application to the planning authority. T also sought an order that the caution be vacated. The judge held that there was a triable issue as to whether or not the contract still subsisted and there was no justification for discharging the caution. Counsel fo
650			_aREGISTERED LAND
650			_aSPECIFIC PERFORMANCE
650			_aVENDOR AND PURCHASER
690			_aLAND-CASE LAW
942			_n0
948			_c04/03/1997
999			_c5604 _d5604