Anderson Properties Ltd v Blyth Liggins (a firm)

Solicitor – Negligence. The Chancery Division dismissed the claimant company's claim against the defendant firm of solicitors, alleging negligence in the drafting the conditional contract for the purchase of a development site. The contract had been conditional on the grant of planning permission, and the company, as purchaser, had exercised its right, under the contract, to waive that condition. The seller had then refused to complete, alleging that the contract was unenforceable for uncertainty because it had not contained the relevant plans. The court held that, had the company followed the mechanism provided by the contract and submitted a full planning application, the contract would have been enforceable, and that the firm's solicitor could not be criticised for failing, in the absence of specific instructions to do so, to draft the contract so that it became, in effect, optional for such an application to be made.

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