The Weekly Law Reports
[2013] 3 WLR 327
Chancery Division
Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant)
[2013] EWHC 98 (Ch)
2012 Oct 10,
11,
12,
15;
2013 Jan 30
Proudman J
Vendor and purchaser— Vendor’s covenant— Enforceability— Parties entering into agreements in three phases for development of properties owned by defendant— Agreements granting claimants either building lease conditional on obtaining planning permission or options to take building leases— Defendant transferring its interest in properties to third parties— Claimants alleging transfer constituting repudiatory breach of agreements— Whether agreement granting option to take lease or agreement for grant of lease subject to condition precedent “agreement for a tenancy”— Whether statute operating to pass burden of covenants in agreements to third parties— Whether defendant able to procure compliance by third parties pursuant to covenants in agreements transferring properties to third parties— Whether defendant putting it out of its power to perform agreements with claimant—
Landlord and Tenant (Covenants) Act 1995 (c 30), s 28(1)