Contract – conditional on grant of headlease – right to rescind

McGahon and another v Crest Nicholson Regeneration Limited [2010] EWCA Civ 842 (21 July 2010)

In this case the agreement for lease was conditional upon the grant of a headlease. If it was not granted by a specified date the either party had the right to rescind by giving written notice. The headlease was granted after the specified date but before the purchaser gave written notice of rescission. The question for the court was whether the purchaser had the right to rescind.