Tootal Clothing Ltd v Guinea Properties Management Ltd

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
Judgment Date08 June 1992
Date08 June 1992

Court of Appeal

Tootal Clothing Ltd
and
Guinea Properties Management Ltd

Landlord and tenant - Law of Property Act - executory relevance only

Section has executory relevance only

Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, which superseded section 40 of the Law of Property Act 1925, dealt with the circumstances in which a valid or enforceable contract for the sale or other disposition of an interest in land could come into existence.

Accordingly it was of relevance only to executory contracts and not to contracts already completed.

The Court of Appeal (Lord Justice Parker, Lord Justice Scott and Mr Justice Boreham) so held on June 4 allowing the appeal of Tootal Clothing Ltd against the judgment of Mr Justice Douglas Brown on July 12, 1991, in the Queen's Bench Division on a preliminary issue that an agreement, described as supplemental to the main agreement between the parties for the grant of a lease, was subject to section 2 of the 1989 Act.

LORD JUSTICE SCOTT said that the parties having agreed all the terms for the grant of a 25-year lease had duly completed that agreement so that it ceased to be an executory contract and it was irrelevant whether...

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15 cases
  • (1) David Norma Keay (2) Linda Mary Keay v Morris Homes (West Midlands) Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 11 July 2012
    ...with section 2. That turned upon a consideration of the decision of this court in Tootal Clothing Ltd v. Guinea Properties Ltd (1992) 64 P & CR 452 ('the Tootal point'). 4 The judge held that the Grossman point could not be decided upon a summary judgment application but only at a trial. He......
  • Huseyin Ali v Ismet Dinc
    • United Kingdom
    • Chancery Division
    • 16 November 2020
    ...Co Ltd v Stokes [1969] 1 Ch 261). 215 The second is the extempore decision in Tootal Clothing Ltd v Guinea Properties Management Ltd (1992) 64 P & CR 452 (CA), which C suggested is authority for the proposition that once the “land” aspects of the parties' arrangement have been executed, s.......
  • North Eastern Properties Ltd v Coleman & Quinn
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 19 March 2010
    ...in the present case) affects the issue whether those excluded terms actually form part of the land contract. In Tootal Clothing v. Guinea Properties Management Ltd (1992) 41 EG 117 Scott LJ said this, at page 7 of the transcript: “If parties choose to hive off part of the terms of their com......
  • Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd
    • United Kingdom
    • Chancery Division
    • 9 November 2004
    ...hive off parts of their arrangements into separate and distinct contracts ( Tootal Clothing Ltd v. Guinea Properties Ltd Management Ltd [1992] 2 EGLR 80), the court should be wary of artificially dividing what is in truth a composite transaction ( Grossman v. Hooper [2001] 2 EGLR 82). If pa......
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