000 01391cab a2200193 4500
001 L130406
008 050725n2005 000 0 eng u
035 _a(Sirsi) u130406
041 _aeng
100 _aRoss, Jonathan
245 _aCase news
_bin Rickman v Earl of Cadogan
260 _c2005
490 _aProperty Week
_v70(28) 15 July 2005, 83(1)
520 _aConsiders "Rickman and another v Earl of Cardigan and another" (ChD, unreported) which concerns the correct interpretation of a sales contract in respect of the right to withhold consent to building works. Claimant (R) contended that under the sales contract for a cottage on the Savernake Estate near Marlborough the defendant trustees of the estate (C) could not unreasonably withhold consent to building work to the cottage. The contract was silent about the right to withhold consent arbitrarily or only on reasonable grounds but C asserted that they could refuse consent on whatever grounds they wanted and R had no right to challenge the refusal. The judge declared in favour of the claimants. The parties must have intended a limit to the circumstances where the defendants could withhold consent and this limit gave effect to the reasonable expectations of the parties.
590 _aIKA020805
650 _aRICKMAN AND ANOTHER V EARL OF CARDIGAN AND ANOTHER
690 _aBoundary disputes
_96221
942 _n0
999 _c75605
_d75605