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    [2024] EWHC 3625 (TCC)
    Technology and Construction Court

    [2024] EWHC 3625 (TCC)

    Fecha: 13-Sep-2024

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    • Heading
    • The Parties
    • The Background Facts
    • The Master Agreement
    • By Clause 2.5, the Defendants agreed to grant Mr Lomax an option to purchase plot F ( Option F )
    • Option Agreement C
    • the “Option Period” is defined as “five years from [19 January 2017]”
    • by Clause 8.2, “the Deposit must be paid by direct credit”
    • the Deposit is defined as “10% of the Purchase Price (exclusive of VAT)”
    • Option Agreement F
    • by Clause 1.1 (definitions)
    • Subsequent events in relation to Plots C and F
    • informed the Defendants that he had been unaware that a main water pipeline ( the Severn Trent Pipeline ) ran directly across the land which the Claimants had acquired and proposed to buy and suggeste
    • proposed a Purchase Price of £250,000 for the remainder of Plot C proposed that the Defendants agreed to remove the restrictive covenant on Plot F prohibiting the construction of additional buildings on that land, other than the redevelopment of the
    • “What was the total amount on the table H” “£250K for the land [Plot C] £325K for the house [Plot F]…The deal is take it or leave it…”
    • The date of the Defendants’ move to the New Farmhouse
    • a holiday request form, indicating that she was to be away from work on 28 and 29 June 2018 a removal van invoice/receipt dated 28 June 2018 referring to a “part move, total cost £80. Paid cash”
    • a Certificate of Practical Completion dated 25 June 2018
    • The issues to be determined in relation to Plot C
    • whether Orchard House was ready and able to tender any deposit on 6 January 2021
    • what loss, if any, has been suffered by Orchard House by reason of any breach by the Defendants The Parties’ broad positions on Plot C
    • Issues to be determined in relation to Plot F
    • the date on which the Defendants moved into their new property
    • whether the Defendants are in breach of Option Agreement F by failing to transfer Plot F to Mr Lomax
    • The Parties’ broad positions on Plot F
    • Procedure
    • The Part 8 Claim
    • he valued the incorrect size of the development authorised by the Planning Permission
    • he failed to allow for other build costs; and
    • Mr Wilson’s calculation of Gross Development Value and build costs is, therefore, overstated
    • Approach to the witnesses’ evidence
    • the demeanour of the witness; and the inherent probability of the witness’s account being true
    • The witnesses
    • The minutes of the meetings taken by Mrs Davies
    • Discussion and Analysis
    • The key factual issues to be determined
    • Was there a certain and binding oral agreement between Orchard House and the Defendants reached between September 2018 and March 2019 as to the Purchase Price for Plot C (less Plot G)?
    • Was there a further binding oral agreement (or a certain binding variation to any prior agreement) reached between Orchard House and the Defendants in or around July 2020 as to the Purchase price for
    • What was the date on which the Defendants moved into the New Farmhouse?
    • Plot C – Issues for determination
    • Issue 2: Was there a further certain and binding oral agreement (or a certain and binding variation to any prior agreement) between Orchard House and the Defendants in or around July 2020 as to the Pu
    • Issue 3: Whether waiver by estoppel arose up to July 2020 upon which reliance was placed by Orchard House, so that the Defendants are estopped from denying that a Purchase Price of £250,000 was agreed
    • Issue 4: Whether the purported exercise of the Option C on 6 January 2021 was required to be conditional upon the payment of a deposit; and, if it was so, whether the Defendants waived compliance with
    • The Law
    • commercial common sense; but disregarding subjective evidence of any party’s intentions
    • Issue 5: Whether Orchard House was ready and able to tender any deposit on 6 January 2021
    • Issue 6: Whether the Defendants validly terminated Option C on 21 October 2021 for the reasons set out in their solicitors’ letter of the same date
    • Issue 7: Whether the second purported exercise of the option for Plot C on 17 January 2022 was valid
    • Issue 8: Whether the Defendants are in breach of Option C by failing to transfer Plot C to Orchard House
    • Issue 9: what loss, if any, has been suffered by Orchard House by reason of any breach by the Defendants
    • The Part 8 Claim
    • Option F – Issues for determination
    • The parties’ respective positions
    • Analysis and decision
    • Issue 2: the date on which the Defendants moved into the New Farmhouse
    • Conclusions

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