The parties entered into a commercial agreement for the sale and purchase of properties.
Held: The claimants had failed to meet their part of the bargain, and had failed to make mortgage payments, leaving the defendants to do so. The defendants were not entitled to any beneficial part of the proceeds of sale at auction.
Judges:
Mr Justice Sullivan Lord Justice Keene Lord Justice Mummery
Citations:
[2005] EWCA Civ 157, Times 02-Mar-2005
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Frawley v Neill CA 1-Mar-1999
The modern approach to a laches claim, was not to test the facts against numbers of earlier cases, but to look at the situation as a whole, and to ask whether the delay made it unconscionable to permit the party to assert those rights. Aldous LJ . .
Cited – Williams v Greatrex CA 1956
A purchaser agreed to buy land to be laid out in building plots. On payment of a deposit and giving notice, the purchaser was to be entitled to enter onto a particular plot in order to build on it. The arrangement met with difficulties, with the . .
Cited – Knight v Bowyer 7-May-1858
knight_bowyer1858
The doctrine of laches and delay did not apply to an express trust, save possibly where there was a release or abandonment by the beneficiary and that was capable of being presumed from the facts of the case. . .
Cited – Mills v Drewitt 1855
A beneficiary cannot be divested of his beneficial interest in the capital of the trust by the operation of the doctrine of laches. ‘A trustee who is in possession of property which he admits to be trust property cannot plead the laches of the . .
Cited – Hourigan v Trustees Executors and Agency Co Ltd 1934
(Australia) The defence of laches may be raised in answer to a claim by a beneficiary of an express trust where there had been acquiescence or ‘gross laches’. . .
Cited – In re Cross 1882
The court applied the doctrine of laches and delay to a claim against a trustee, not for the recovery of trust property, but for breach of trust. . .
Cited – Bright v Legerton (No 1) 1860
The court will not listen to a claim by a cestui que trust trying to challenge accounts settled by his trustees where those accounts had been settled for more than twenty years and he had had ample opportunity to go into them. Lapse of time alone is . .
Cited – Orr v Ford 1989
Ordinarily the laches of a beneficiary would not make it inequitable or unreasonable to grant relief in proceedings for the enforcement of an express trust in relation to property in the possession of the trustee. . .
Lists of cited by and citing cases may be incomplete.
Contract, Equity
Updated: 29 June 2022; Ref: scu.223234
