Property developer Cala Homes (South) is suing Lady Louise Head Lewinton in a £1.3m dispute over land at Sunningdale in Berkshire.
According to a claim issued at Londons High Court, and just made publicly available, landowners Lady Lewinton, Robert Tidd and Phillip Jones agreed to sell property at Dromenagh, Sunningdale, to Cala for £1.3m if Cala obtained satisfactory planning consent for the land.
But it is alleged that, despite signing a written agreement to sell the land on 31 January 2002, the three landowners subsequently argued that the contract had lapsed, and offered to return a £65,000 deposit paid to their solicitor, Charsley Harrison.
The claim says that, on 14 August 2002, Cala won planning consent to develop the land with at least five detached houses. The following day, Cala informed Charsley Harrison that consent had been obtained.
However, it is contended that Charsley Harrison replied saying that the contract had lapsed in February, or, alternatively, it gave notice to rescind the contract. The firm said that it had omitted to return the deposit in February, but that payment would follow the next day.
Cala argues that the agreement did not lapse in February. It also claims that the solicitor had not served notice of rescission before 19 August although it had been entitled to do so since February, and that, in any event, the notice was ineffective because Cala had responded with a notice of waiver within the timescale permitted by the contract.
The company contends that as a result, Lady Lewinton, of Downs House, Letcombe Bassett, Wantage, Oxfordshire, Robert Tidd, of Oakwood, Cannon Hill Drive, Bray, Berkshire, and Phillip Jones, of Madeira House, Madeira Walk, Windsor, Berkshire, are bound by the agreement. However, the claim alleges that they have refused to complete it.
Cala says that it is ready, willing and able to perform its share of the agreement, and claims to have suffered loss and damage as a result of the landowners alleged breach of agreement.
Cala is seeking specific performance of the agreement, plus damages.
PLS News 5/12/02
