While seeing into the future is not yet expected of property lawyers, advising as to future risk is, says James Naylor
In Stoll, Darren Atkins, Brambleridge Management Limited v Wacks Caller (a firm) [2009] EWHC 2299 (Ch) Cs instructed D, a now defunct firm of Manchester solicitors, to purchase development property, for the sum of £400,000.
The purchase contract was conditional upon Cs obtaining planning permission for the conversion of the property into two flats, with a further dwelling at the rear.
Completion was due to take place on the 21st day following the date of planning permission; save that if the planning application was refused, or if the sale and purchase was not completed within six months of exchange, the sale agreement was to lapse.
Contracts were exchanged following the grant of planning permission by Bury Metropolitan Borough Council (the council) on 30 July 2003, and completion took place on 19 August 2003.
However, the proposed development never proceeded because, post-completion, on 9 September 2003, out-of-the-blue, Cs new neighbours applied for judicial review of
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