Welch v Welch [2017] All ER (D) 27 (Jul), [2017] Lexis Citation 140
There was no requirement, under s 39 of the Senior Courts Act 1981, that every detail of a contract or conveyance had to be presented to the party refusing to sign it.
The Family Court so ruled in granting the husband’s application for a declaration that all future contracts of sale and associated sale documentation in respect of a property, which the court had previously ordered to be sold, be submitted to the wife for her signature, without the names of the proposed purchasers or their solicitors (the details) appearing on the documents.
The husband argued that the wife had contacted a prospective purchaser and his solicitors, allegedly in an attempt to thwart the sale. The court held that any attempt to obstruct the purpose of the previous court order could be defeated by redacting the details from the documentation, which would not affect the validity of the contract.
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