Contracts for the sale of land – costs and enforcement pending appeal

Cobbe v Yeoman’s Row Management Ltd and others [2005] EWHC 1755 (Ch) (5 July 2005)

In our June 2005 edition ((2005) 19 Commercial Leases 1005) we highlighted the case of Cobbe v Yeoman’s Row Management [2005] EWHC 266 (Ch), where it was held that Cobbe was entitled to a percentage of the proceeds of a property where, at his own expense, he helped obtain planning consent for new buildings which substantially increased the value of the land. The judge found that a proprietary estoppel arose in favour of Cobbe as a result of his reliance on a non-contractual promise and unconscionable conduct. An inquiry as to damages was ordered and costs were awarded to Cobbe. £125,000 was to be paid on account. The defendant (YRM) gave an undertaking to the Court, until further order not to dispose of or otherwise deal with the property save as was necessary to comply with certain requirements of the order. YRM has appealed and the appeal is pending, due to be held shortly. The saga continues. Both parties made applications to the Court.