Author: Chris Alexander Much has been made of the interference of Prince Charles in the row surrounding development of the Chelsea Barracks site in London, some of the most expensive residential real estate in the world. The resulting litigation between CPC Group Limited (“CPC”) and Qatari Diar Real Estate Investment Company (“QD”) has been widely reported particularly because of the connection to the heir to the throne. While Prince Charles’ involvement does raise interesting legal issues regarding royal political interference, the key issues in dispute between the parties have been glossed over to some extent. Contract CPC and QD entered into a joint venture for the acquisition of the Chelsea Barracks site in the form of a Guernsey based special purpose vehicle called Project Blue (Guernsey) Ltd (“PB”) which applied for planning permission for the development of 638 residential units, a hotel and various other community facilities. CPC then sold its interest in PB to QD for an initial payment of just under £38 million and a deferred payment mainly dependant upon the success of the planning application up to a combined total of £81 million. QD was under an express obligation to use all reasonable but commercially prudent endeavours to achieve the triggers for payment of the deferred consideration and to act in good faith. As we now know, His Royal Highness then expressed his displeasure at the architectural merits of the scheme contained in the planning application to his royal counterparts in Qatar. Boris Johnson also expressed differing architectural concerns. The planning application was then withdrawn, potentially in breach of QD’s obligations to CPC. Proceedings With the planning application withdrawn, CPC faced a much longer wait for their second payment and sought a number of declarations that QD were in breach of their obligations and for further or other relief. QD responded to the claim by alleging that CPC had acted contrary to the requirement for good faith by forcing QD’s hand after Prince Charles had intervened and that QD had in turn accepted this repudiatory breach bringing the joint venture to an end (in their favour). Mr Justice Vos held that in withdrawing the Planning Application, QD were in breach of their contractual obligations although not in breach of their obligation of good faith. CPC were also declared not to have acted contrary to their requirement of good faith. However, it was not a complete victory for CPC, who did not get all of the declarations sought and the question of what damages they may be entitled to, was left for another day as were costs. Conclusion With the sale contract still in force, a new planning application will probably be submitted in due course and CPC may well still receive payment of the deferred consideration, albeit somewhat later than they would have liked. What therefore did this litigation achieve? Mr Justice Vos identified that had the parties focused upon resolving their mutual problems rather than digging in for an expensive fight then the dispute could well have been avoided. That sentiment often rings true whether the sums involved are millions, thousands or just hundreds of pounds. Conditional payments or conditional obligations are commonplace in many land transactions, particularly where development is involved and while in most instances royal intervention won’t be an issue, conditionality is a fertile ground for disputes.
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Impact of Prince Charles’ Interference with the Chelsea Barracks
On Monday 1st June I am hosting Blawg Review… it will be #214 in an unbroken record of Blawg Reviews going back over four years. I enjoy reading Blawg Reviews – my blawg review is an anaconda of a review… it is now just over 22ft long….. I write most of it when I am pissed…. there is a lot of coverage… and much talk about marketing, twitter and Geeklawyer’s woodwork skills… It’s not just a blog carnival; it’s the law! ~ a fool in the forest The Carnival of Law Bloggers Blawg Review is the blog carnival for everyone interested in law.
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Coming soon.. 1st June…Blawg Review #214
On Monday 1st June I am hosting Blawg Review… it will be #214 in an unbroken record of Blawg Reviews going back over four years. I enjoy reading Blawg Reviews – my blawg review is an anaconda of a review… it is now just over 22ft long….. I write most of it when I am pissed…. there is a lot of coverage… and much talk about marketing, twitter and Geeklawyer’s woodwork skills… It’s not just a blog carnival; it’s the law! ~ a fool in the forest The Carnival of Law Bloggers Blawg Review is the blog carnival for everyone interested in law.
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Coming soon.. 1st June…Blawg Review #214
26th May: News, law reports, latest from the blogs – up on Insite Law
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26th May: News, law reports, latest from the blogs – up on Insite Law
Blawg Review #213 – Towel edition… is up at Cyber Law Central – it is fun and you also get to see quite a few well known bloggers from the States, including the mysterious ED of Blawg Review (and bloggers from other parts of the universe) – go and take a look… but, you’ll need to take your towel with you.
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Blawg Review #213
As the slot was still available – I am pleased to report that Ed of Blawg Review has allowed me to host Blawg Review on 1st June. As it happens, many interesting things happened on the 1st June in history including, would you believe, in 1812, a US president asked Congress for approval to declare war on the United Kingdom. It was also the date on which the smoking ban came into force in 20007 in England. So.. as you can imagine, this will allow me to encourage all bloggers to take up Smokedo – Smoke yourself fit with Charon … it is working for me. Soon, I shall paint myself green… and I will get that seat on the train when I leave Victoria late at the end of one of my journeys to get over refreshed with mates in London. Watch the movie
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Blawg Review 1 June
Forgive the truly appalling pun – but I have just had a glass of Rioja with a breakfast of bacon, egg, beans, brown toast (naturally).. It is my official birthday today and I intend to have a mildly surreal day. Laters… I am orf to do some Smokedo on the rowing mnachine and then.. who knows…
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A Parliament of crooks…
In a week when journalists and bloggers needed medical attention for super-hyperventilation – and a week when my own brother had to make a personal statement in the Commons for his excesses, it is only fitting that my cousin Cardinal Charoni di Tempranillo should fly to London from The Vatican, on expenses, naturally, to exorcise the evil spirits possessing the very minds and souls of many of our MPs. I have just been on the telephone to NHS Direct and they have advised me to lay off the expenses issue for 24 hours.If you are so inclined toscroll down to read at your leisure the past blog posts. It is the eve of another milestone in my increasingly surreal life. Tomorrow I am 56. One would have thought, at this age, that I would be better served preparing my soul for the eventual journey across the River Styx and not fritter it away on twitter or by blogging nonsense. However…. having reached this age without a visit from my mate The Reaper , a matter of professional courtesy, I have decided that I shall devote the rest of my life to a mix of vaguely sensible comment which, to use the language of Parliament, I shall do in another place, and step up my efforts to parody the events of our times as best I can on here. The wine reviewing is coming on a treat. I have consumed nine bottles for review, carefully noting down the details of my thoughts on each wine before I got pissed (Not for me the barbaric habit of spitting wine out) and I shall soon publish my first column on LawandMore and on here. I was exercising what is left of my mind last night about a title for my column. Legless in Gaza, a pun on Eyeless in Gaza and not some tasteless gag, didn’t seem to work so I invited ideas from fellow twitterers. Quick as a flash @Scottgreenfield , who happened to be on twitter at the time looking for law firm marketers, made some comment about reviewing and used the phrase ‘Noble Rot’. This appealed. A lot of other people have used the term but.. what the hell. I like ‘Noble Rot’ , or pourriture nobl e , as we say in West London. I shall give you a sneak preview of the artwork I am currently working on to accompany the column. Ti’s but at the idea stage – I will use a different, less conventional, image. I make it clear, as I have done to the PR companies who send me all this wine for review , that while I am an oenophile , I would not use that word to describe myself.. I am not a master of wine. I am a master drinker of wine as many are, I suspect, who read this blog. I drink a lot of it and while frequency does not always bring wisdom, at least I can have a laugh doing reviews and give my thoughts on the wines I am drinking. I also thought that Noble Rot is rather a good term for a lot of the nonsense I serve up on here… you may well agree with the ‘rot’ aspect. SMOKEDO: The search for his body continues… I am pleased to report that I am now in my fifth week of Smokedo : S moke yourself fit with Charon . As my mantra is ‘nothing in moderation’ , I have become obsessed with this latest craze of mine. I have a rowing machine. I have 20kg dumbells. I am getting a bicycle. I even visited a sports shop and started eyeing up lycra figure hugging tops. It was then that I realised that I may be losing the plot. I have, however, trimmed down – ironically putting on weight, because muscle is heavier than flab. Another bizarre side effect is - I cannot, now, have a cigarette anywhere without suddenly doing press-ups or squats. I even thought about taking a 5Kg dumbell with me in my Drizabone coat pocket, should I have to go away from my lair. I am still reserving the right to do this should I be minded so to do. I am thoroughly enjoying it – the endorphins are fantastic.. and free! I would like to stress that I am not going for the peanut sized head on huge shoulders and Conan look. Just to be trimmer and a bit fitter. But… you never know…. Well.. t’is a Saturday night… I’m almost certain the bottle I have just opened gasped with pleasure as I drew the cork… and I am going to drink it.. a piu tarde. Best as always Charon
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16th May: Postcard from the House of Commons
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The hills are alive…
