Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Pall Mall Court
61-67 King Street
Manchester M2 4PD

Send us a message
Our Offices

Improper Amendment Void, Rules Court

9th January, 2013

A recent case shows how important it is to make sure that contracts are properly drafted and agreed.

Although the law allows contracts to be created verbally, sales of land are required (under the Law of Property (Miscellaneous Provisions) Act 1989) to be in writing and to be signed by or on behalf of both parties. In addition, all of the salient terms must be incorporated into the signed document.

In 2004, landowners sold six plots of land to a developer. The agreement required the developer to construct a medical centre which was to be leased back to one of the vendors.

The deal was dependent on obtaining planning permission, which proved to be problematic, and an agreement to reduce the price paid for the land was made in exchange for which it was agreed orally that the works would be completed expeditiously. The new sales agreement made no reference to any such obligation, however. The sale went ahead in 2006, but the leaseback did not commence until 2011.

The vendors then sought compensation from the developer on the ground that it had not made reasonable progress to construct the medical centre. They claimed £2.7 million in damages.

Although the legal arguments were complex, the Court of Appeal ruled that the new sales agreement was void because it did not contain a reference to the obligation to complete the building works within a reasonable period of time.

The practical effect of the argument was that the original contract was left as the only valid contract and no claim could be brought with regard to the delay in completing the project.

Had more care been taken when drafting the second document to ensure that all the relevant terms were included, this outcome could have been avoided.

For any advice or assistance on drafting contracts, please contact Nick Clarke at [email protected] or on 01244 405558.

You might also be interested in...

Legal expert’s data protection workshops pull in the crowds

22nd May, 2018

With the General Data Protection Regulation (GDPR) coming into force in May, businesses across Shropshire have been flocking to hear more about the new laws Paul Bennett, a partner at law firm Aaron & Partners LLP, has been delivering seminars in partnership with the Shropshire Chamber of Commerce An employment solicitor from Shrewsbury is urging businesses across the... Read More »

Experienced HR leader joins Aaron & Partners LLP

15th May, 2018

Experienced HR leader joins Aaron & Partners LLP Law firm with offices in Chester and Shrewsbury appoints Kate Robertson to drive HR strategy for more than 120 staff and to support the company’s growth Chester law firm Aaron & Partners LLP has strengthened its senior leadership team with the appointment of an experienced human resources manager. Kate Robertson... Read More »

When you should NOT pay the bailiff…

24th April, 2018

Jan Chillery, Insolvency Partner at Aaron & Partners LLP, shares her experience and the reasons why we should be cautious before paying so-called “bailiffs” over the phone or online without vetting them first. My neighbour has told me that recently he had a CCJ (County Court Judgment) against him. A day or so later, he received a phone call... Read More »

Contact Us