Andrew Maguire acts on leading test case



Andrew Maguire, commercial Barrister at St Philips Chambers, successfully acts on leading test case which has made headlines in the local newspapers.

The case, which made the front page of the Birmingham Post for the publication on 15 September 2011, involved a summary judgment application made by the vendor Claimant, Aruna Properties LLP against the purchaser Respondent ("R"), seeking specific performance of a contract for sale for a leasehold apartment within The Cube, Birmingham. The Agreement expressly incorporated the Standard Conditions of Sale (4th Edition).

The purchaser paid a reservation deposit of £1,000 to the vendor on 11.9.2006 upon reservation of the Apartment "off-plan" at Phase 1 of the development and the further deposit of £18,750 was paid upon exchange (thus making a total of 10% of the purchase price).

The vendor, who had been at material times ready, willing and able to perform its side of the bargain, gave notice to complete in accordance the Agreement. In breach of the Agreement, the purchaser failed to complete in accordance with that notice, alleging that he ought to have been granted a discount on the purchase price. The vendor relied on an entire agreement clause and clauses 7.1.2 and 7.1.3 of the Standard Conditions of Sale which limits any claim by R to damages.

Andrew Maguire said: "This has been an important case with a significant outcome after the judge accepted my arguments and granted summary judgment and the specific performance of the contract of sale. This was important because there are another 24 potential claims likely to be made against other defaulting purchasers."

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