Specific performance
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Specific performance may overcome fetters on disposals
Few developers are in a position to develop land without recourse to funding. The litigation in…
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Folgender Holdings Ltd and another v Letraz Properties Ltd and others
Contract – Loan agreement – Specific performance
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Was an obligation to grant a legal charge specifically enforceable?
Specific performance is a discretionary remedy…
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The courts set the bar high when dealing with applications for orders for specific performance of positive obligations
The litigation in Rainbow Estates Ltd v Tokenhold Ltd [1999] Ch 64 confirmed that the court can order specific performance, if appropriate, where a tenant is in breach of its…
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The High Court has made an order for specific performance that requires a developer to act before the deadline for completion of building work arrives
Can a court grant an order for specific performance requiring a party that is in breach of contract to take steps to comply with the order before a completion date…
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Bristol Alliance Nominee No 1 Ltd and others v Bennett and others
Insolvency Specific performance
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Bristol Alliance Nominee No 1 Ltd and others v Bennett and others
Insolvency – Specific performance – Permission of court – Insolvency Act 1986 — Agreements between appellant landlords and respondent tenant for surrender of leases – Appellants agreeing to release tenant…
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Bashir v Ali and another
Sale of land – Auction – Construction of contract – Appellant successfully bidding for property sold by respondents at auction – Parties mistakenly believing property to comprise shop and one…
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Bashir v Ali and another
Vendor and purchaser – Specific performance
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Bashir v Ali and another
Sale of land – Mistake – Construction of contract – Claimant successfully bidding for property at auction – Parties mistakenly believing property comprising shop and one flat – Parties subsequently…
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Bashir v Ali and another
Vendor and purchaser – Specific performance
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Frasers Islington Ltd v Hanover Trustee Co Ltd and others
Specific performance – Development – Option for claimant to purchase freehold with leaseback to defendants of commercial parts including one of two electricity substations – Claimant seeking to exercise option…