Formalities, collateral agreements and the significance of part performance

In Keay v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900, [2012] All ER (D) 106 (Jul) the Court of Appeal held that it was not possible to decide whether an alleged agreement to get on promptly with certain building works was an express term of the variation of a contract for the sale of land which was required to be in writing by s2 of the Law of Property (Miscellaneous Provisions) Act 1989 or whether it was a collateral agreement which fell outside the scope of the section. The Court of Appeal also held that part performance of the alleged agreement could not, by acts in the nature of part performance, mature into a valid contract.