000			02134cab a2200265 4500
001			##L132314
008			060125n2006 000 0 eng u
035			_a(Sirsi) u132314
041	0		_aeng
245	0	0	_aWarnborough Ltd v Garmite Ltd
260			_c2006
490		0	_aEstates Gazette _v[2006] 03 EG 121 (CS) (1)
520			_a[2006] EWHC 10 CL, 12 January 2006. Considers whether an option agreement fell within the court's jurisdiction to grant relief from forfeiture. W sought performance of a contract for the sale and purchase of a property following W's exercising of an option to repurchase the properties granted to W by G. Upon completion the purchase price was left outstanding, secured by a charge on the property. At the same time G granted W an option with specific conditions to repurchase the property. G fell into arrears with payments under the charge and both parties then agreed a replacement option. G fell further into arrears and W sought to exercise the option. G contended that: (1) the option was unenforceable as it was a clog on the equity of redemption; (2) it was in the nature of a penalty or provision for forfeiture and (3) that the court should grant relief from forfeiture. "Held": claim allowed. As the transaction was a sale and purchase and not a mortgage the rule on clogs did not apply. There was no basis for the estoppel defence. The provisions of the option agreements were not in the nature of a penalty and there were no grounds for relief from forfeiture.
590			_aIKA310106
650	2	4	_aWARNBOROUGH LTD V GARMITE LTD
650	2	4	_aPENNINGTON V CROSSLEY
650	2	4	_aJOBSON V JOBSON
650	2	4	_aSHILOH SPINNERS LTD V HARDING
650	2	4	_aDUNLOP PNEUMATIC TYRE CO LTD V NEW GARAGE AND MOTOR CO LTD
650	2	4	_aSTARSIDE PROPERTIES V MUSTAPHA
650	2	4	_aZIM ISRAEL NAVIGATION LTD V EFFY SHIPPING CORPORATION
650	2	4	_aTANKEXPRESS A/S V COMPAGNIE FINANCIERE BELGE DES PETROLES SA
690			_aPROPERTY-COMMERCIAL PROPERTY-LEASEHOLD COMMERCIAL PROPERTY-COMMERCIAL LANDLORD AND TENANT-BUSINESS TENANCIES-FORFEITURE OF BUSINESS TENANCIES
942			_n0
999			_c76396 _d76396