000			01648cab a22002055a 4500
001			L140385
008			070920e20070915xxk f v 000 0 eng d
035			_a(Sirsi) u140385
041	0		_aeng
245	0	0	_aAribisala v St James Homes (Grosvenor Dock) Ltd
260			_c2007
490			_aEstates Gazette _v(0737) 15 September 2007, 234-239(6)
520			_a[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.
590			_aKA
650	2	4	_aARIBISALA V ST JAMES HOMES (GROSVENOR DOCK) LTD
650	2	4	_aLAW OF PROPERTY ACT 1925 S49(2)
651		4	_aUnited Kingdom _y
690			_aPROPERTY-RURAL AND NATURAL ASSETS-ACQUISITION AND DISPOSAL OF RURAL AND NATURAL ASSETS
942			_n0
999			_c79265 _d79265