Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
Representation John McGhee KC and Jonathan Chew (instructed by Bryan Cave Leighton Paisner LLP) for the Claimants Jonathan Seitler KC and James McCreath (instructed by PCB Byrne LLP) for the Defendant Hearing and judgment dates Hearing dates: 2 March (pre-reading), 3, 4, 5, 6 and 11 March 2026 Draft judgment sent to the parties on: 13 April 2026 ____________________
(a) The Seller agreed to use all reasonable and proper endeavours within its control to procure the construction of the Flat and the development in a good and workmanlike manner and in accordance with various requirements, including those of the "Warranty Provider", subject to necessary variations. The "Warranty Provider" was "any of the new home warranty scheme administrators referred to in the CML Lender's Handbook that the Seller may decide to appoint".
(b) Once the Flat was substantially completed, the Seller was to serve a notice fixing the completion date � a "Completion Notice". Clause 5.2 said that the Seller had to provide the Buyer's solicitors with copies of three documents on or before service of the Completion Notice. They were a "Certificate of Insurance", the final building control certificate relating to the Flat and the buildings insurance schedule and policy. The Certificate of Insurance was "the certificate of insurance for the Flat issued by the Warranty Provider".
(d) A "Deposit" and two "Stage Payments" were payable under clause 4. The Deposit was 10% of the Price, less a non-refundable reservation fee paid before the Contract was entered into. The Deposit was payable on entering into the Contract. The First Stage Payment was 10% of the purchase price payable within 12 months of the Contract. The Second Stage Payment was also 10% of the purchase price payable within 24 months of the Contract.
(e) All three payments were to be paid to and held by the Seller's solicitors as stakeholder pending completion, or determination of the Contract. However, under clause 4.9, if the Seller was able to obtain insurance including deposit protection cover in the event of the Seller's insolvency or fraud, the part of the Deposit or Stage Payments protected by the insurance was to be released to the Seller.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.