Commission for the New Towns v Cooper (Great Britain) Ltd

JurisdictionEngland & Wales
Judgment Date24 February 1995
Date24 February 1995
CourtCourt of Appeal (Civil Division)
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75 cases
  • Thompson v Arnold
    • United Kingdom
    • Queen's Bench Division
    • 6 August 2007
    ...were likely, Mr Lawrence QC referred me to a number of cases in support of his contention that the court should grant relief. Commission for the New Towns v Cooper [1995] Ch 259, C.A. was a case in which a defendant deliberately manoeuvred a plaintiff into a position in which apparently inn......
  • Liberty Mercian Ltd v Cuddy Civil Engineering Ltd (1st Defendant) Cuddy Demolition and Dismantling Ltd (2nd Defendant)
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 3 September 2013
    ...to be gathered from, in particular, the following cases: Thomas Bates & Son v Wyndhams Ltd [1981] 1 WLR 505 [CA]; Commission for the New Towns v Cooper (Great Britain) Ltd [1995] Ch 259 [CA]; George Wimpey UK Ltd v VI Construction Ltd [2005] BLR 135 [CA] and also from the passage in Chitty ......
  • Thor Navigation Inc. v Ingosstrakh Insurance Company Ltd [QBD (Comm)]
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 14 January 2005
    ...for such a mistake has been considered by the Court of Appeal in Nai Genova supra and, more recently, in Commissioner for the New Towns v. Cooper (Great Britain) Ltd. [1995] Ch. 259. Both decisions accept that rectification can properly be granted for a unilateral mistake where the defenda......
  • Daventry District Council v Daventry & District Housing Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 9 May 2011
    ...conduct rather than the claimant's own deficiencies, which caused the mistake: as Stuart-Smith LJ explained in Commission for the New Towns v Cooper (Great Britain) Ltd [1995] Ch 259 at p.279: "It is important to realise that in that case [viz. Agip] the defendants did not know of the plain......
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1 firm's commentaries
  • Mr Hafiz Mohammad Aslam V Mr Abdul Rehman [2022] UKUT 251 (LC)
    • United Kingdom
    • Mondaq UK
    • 26 October 2022
    ...exchange took place on 14 September 2018? The Appeal Elizabeth Cooke reminded herself of the dictum in Commission for New Towns v Cooper [1995] Ch 259 where Stuart-Smith LJ analysed the meaning of the expression 'exchange of contracts'. She noted that at the time of execution neither party ......
11 books & journal articles
  • Table of cases
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...No 808 (SC) ............................................................. 145 Commission for the New Towns v Cooper (Great Britain) Ltd, [1995] Ch 259, [1995] 2 WLR 677, [1995] 2 All ER 929 (CA) .................... 689 Commonwealth Bank of Australia v Smith (1991), 102 ALR 453, 42 FCR 390 ......
  • Table of Cases
    • Canada
    • Irwin Books Archive The Law of Equitable Remedies. Second Edition
    • 18 June 2013
    ...9 C.P.C. 12, [1978] B.C.J. No. 808 (S.C.) .............................. 95 Commission for the New Towns v. Cooper (Great Britain) Ltd., [1995] Ch. 259, [1995] 2 W.L.R. 677, [1995] 2 All E.R. 929 (C.A.) .................................................................................... 507......
  • Mistake
    • Canada
    • Irwin Books The Law of Contracts. Third Edition Vitiating Factors
    • 4 August 2020
    ...note 262 at paras 47–60, Weiler JA. 281 See, for example, Chartbrook , above note 267 at para 61. 282 [1961] Ch 555 [ Roberts ]. 283 [1995] 2 All ER 929 (CA). Mistake 647 that the mistaken party was, in fact, unaware of the signif‌icance of the arrangement. In such circumstances, the uncons......
  • Rectification
    • Canada
    • Irwin Books The Law of Equitable Remedies - Third edition
    • 18 November 2023
    ...unconscionable conduct but in a mutual mistake case. 40 See the discussion in Commission for the New Towns v Cooper (Great Britain) Ltd , [1995] Ch 259 at 280 (CA). 41 S.M. Waddams, The Law of Contracts , 7th ed (Toronto: Thomson Reuters Canada, 2017) at § 346. The notion of an option for t......
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