Development Contracts and Overage

Overview

We have particular expertise in commercial disputes arising out of contracts relating to development and infrastructure, and overage provisions in contracts for the sale land.

Landmark’s barristers are also often instructed to advise clients who are considering entering into such contracts (or purchasing land subject to overage provisions) as to potential issues that may arise and how they can best be managed including where potential procurement issues may arise.

Where appropriate, we can offer clients a two (or more) counsel team including a specialist in property and a specialist in planning, which can provide a litigation advantage against opposing counsel teams with a single specialism.  We are also able to draw upon our barristers’ significant experience of planning appeals and of valuation disputes in cases involving contracts conditional upon receipt of a ‘satisfactory’ planning permission.

We are experienced in handling such disputes both in court, and through arbitration, as well as acting for clients in mediations established to explore options for potential settlement. In addition, Landmark’s barristers are often appointed to act as arbitrators, mediators or as experts appointed to determine a point of dispute or disagreement as may be provided for in the agreement at issue in cases of this type.

Cases include:

• Faraday Development Ltd v West Berkshire Council [2018] EWCA Civ 2832 – application of the public procurement rules to development agreements relating to land in local authority ownership.
• Council of the City of York v Trinity One (Leeds) Ltd [2018] EWCA Civ 1883 – on the interpretation of planning agreements under s.106 of the Town and Country Planning Act 1990 and R (Renaissance Habitat Ltd) v West Berkshire DC [2011] J.P.L. 1209 on the enforcement of such agreements.
• Minerva (Wandsworth) Ltd v Greenland Ram (London) Ltd [2017] EWHC 1457 (Ch) – a 13 day Chancery Division trial of a £multi-million claim relating to overage provisions in a contract for the £135m purchase of the Ram Brewery site in Wandsworth by China’s Greenland Group.
• Sparks v Biden [2017] EWHC 1994 (Ch) and Renewal v Lowry [2010] EWHC 2902 (Ch) – two important cases on the implication of terms into overage provisions in a contract for the sale of development land.
• Manchester Ship Canal Company Ltd v Environment Agency [2017] EWHC 1340 (QB) – a £13m claim under a 55 year old contract between the Mersey River Board and the Manchester Ship Canal Company relating to infrastructure works on the River Irwell, raising issues of principle relating to the interpretation of arbitration clauses.