Eddery v Hogg (2015) LTL 26/2/2015
Last week Mrs Justice Asplin allowed Mr Hogg’s appeal against an order for summary judgment on a claim for £579,000 plus contractual interest. Adopting the dicta in ICI Chemicals & Polymers v. TTE Training (2007) EWCA Civ 725 her ladyship found that the Master had erred in deciding upon the correct construction of a contract for the sale of land made on the Standard Conditions of Sale (4th ed.) in the absence of any determination of the Claimant’s subsidiary claims to a share in the profits and/or income from the subsequent redevelopment of the land. She also found that the Master had been wrong to dismiss Mr Hogg’s counterclaim for rectification of the Contract and defence of estoppel by convention prior to trial as the factual nature of these claims made them unsuitable for summary judgment.
Clifford Darton instructed by Mr Robert Small and Mr Tom Bond of Verisona Law acted for the successful appellant