Sale and leaseback – contract – conditions precedent – rescission

BDW Trading Limited (T/a Barratt North London) v JM Rowe (Investments) Limited [2010] EWHC 1987 (Ch) (Peter Smith J) (30 July 2010)

In this case the claimant (Barratt) sought the return of a deposit of £180,000 following the purported exercise of an express contractual right to rescind a contract for the purchase and leaseback of part of a property owned by the defendant (Rowe). Rowe counterclaimed for specific performance of the contract and for damages.