Laditi and another v Marlbray Ltd

Sale of land – Contract. The Court of Appeal, Civil Division, allowed the appeal and dismissed the cross-appeal, concerning an alleged contract for the purchase by the respondents of a hotel room unit. Among other things, it declared that: (i) there had been a valid and enforceable contract as between the appellant and the first respondent which had been compliant with s 2 of the Law of Property (Miscellaneous Provisions) Act 1989; and (ii), irrespective of that conclusion, but subject to argument at trial in relation to the allegations of unconscionable bargain, penalty and s 49(2) of the Law of Property Act 1925, the appellant had been entitled to retain the first respondent's deposit.

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