1 October 2021
Tom Carter Successfully Defends Injunction for High Value Property
On 28 September 2021, Tom Carter successfully defended an injunction over a £5.25m property in which a developer sought to rely on an exclusivity agreement.
This claim was dismissed by Fancourt J.
It was held that even if there was a binding exclusivity agreement which had been breached by the seller, it did not extend to a binding agreement to purchase the land and so the seller was free to refuse to sell once the period expired. The developer’s remedy was in damages for costs thrown away or loss of bargain. Therefore, the balance of convenience lay against granting an injunction.
Tom has a busy practice in Property & Real estate claims involving nuisance to land, subsidence due to tree roots and Japanese Knotweed.
To view more about Tom’s practice, please click here.
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