header-logo header-logo

Unravelling the paradox

05 October 2012 / Philip Sissons , Ciara Fairley
Issue: 7532 / Categories: Features , Property
printer mail-detail

Philip Sissons & Ciara Fairley analyse a recent Court of Appeal decision on the enforceability of oral agreements

In Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900 the Court of Appeal revisited the paradoxical consequences of s 2 of the Law of Property (Miscellaneous Provisions) Act 1989 (LPMPA 1989) and its own earlier judgments in Grossman v Hooper [2001] EWCA Civ 615 and Tootal Clothing Ltd v Guinea Properties Ltd (1992) 64 P & CR 452. Anyone hoping that the paradox would be resolved will be disappointed, but the case is interesting for what it says about the circumstances in which arguments premised on the problematic consequences of the section may succeed.

The problem

Section 2, LPMPA 1989 provides:

“2. Contracts for sale etc of land to be made by signed writing

  • A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed and in one document
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll