header-logo header-logo

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

Unravelling the paradox

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

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners
back-to-top-scroll