Sparks v Biden [2017] EWHC 1994 (Ch)

Development: Overage and contractual interpretation

Martin McKeague and Will Cousins analyse recent key cases on the interpretation of overage agreements ‘Mr Biden’s argument was that the overage provision gave him complete discretion as to whether and when to sell the properties and, therefore, whether and when to pay the overage.’ In recent years and months, contractual interpretation, and in particular …

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Contractual obligations: It’s all in the timing

Rob Aberdein reports on some cases which show the need for care in the drafting of pre-emptive provisions, in particular with regard to timescales ’Often, so much thought is given to the nature and extent of the obligations themselves that the issue of timing for compliance is overlooked.’ Recent cases both north and south of …

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Contract: It’s all in the timing

Rob Aberdein looks at the judicial implication of contract terms ‘Parties and their lawyers should consider very carefully what exactly will trigger overage payments or other obligations and whether there is any scope at all for either party avoiding its commitments.’ Recent cases both north and south of the border have highlighted some of the …

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Overage Agreements: Dealing with the detail

Two recent cases have highlighted the need for careful drafting of overage provisions. Kate Wilson assesses the judgments and the points practitioners can take away ‘Biden’s actions highlighted an omission in the drafting of the overage provisions, which contained no express obligation on him to market the houses for sale once the development was completed, …

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