Cozens-Smith v Bellway Homes Limited

  • 1 min read

If you can stick with it (not exactly bedtime reading!) this  judgment is worth a look for anyone in the housebuilding world. (To the relief of the developer in question no doubt!), it finds that a definition of "planning permission" did also cover the application for reserved matters.

On these facts then it would appear that common sense has prevailed, but this is a useful reminder of how important it is to make sure that the definitions used across contractual documentation are watertight and leave no room for ambiguity: ambiguity which might otherwise leave you battling it out in a courtroom.

Send us a message