Alexander Kuznetsov v War Group Ltd & Anor (Second Judgment)
[2024] EWHC 328 (KB)
Alexander Kuznetsov v War Group Ltd & Anor
14 February 2024
[2024] EWHC 311 (KB)
High Court
A buyer of two properties at auction had trouble completing the purchase due to lack of response from the sellers' solicitors. The judge gave the sellers a chance to respond before making any decisions about the buyer's request to finalize the purchase and potentially get compensation for delays.
Key Facts
- •Claimant (Kuznetsov) purchased two properties at auction on January 24, 2024.
- •Sales Memoranda indicated GLS Solicitors as sellers' solicitors.
- •Claimant attempted to contact GLS Solicitors via email to obtain bank details and submit draft transfers but received no response.
- •Claimant filed a without-notice application seeking orders to allow him to deposit funds with a notary, declare fulfillment of obligations, impose damages on defendants for non-compliance, and award costs.
- •The application documents were materially incomplete and served late.
- •The Claimant was ready, willing, and able to pay the balance due.
Legal Principles
Court reluctance to make orders affecting parties not before the court.
Inherent jurisdiction of the High Court
Procedural fairness and proportionality in case management.
Inherent jurisdiction of the High Court
Specific performance as a potential remedy for breach of contract (mentioned, not decided).
Contract Law
Common Auction Conditions for Real Estate Auctions (edition 4.0) govern the terms of the sale.
Contractual terms
Outcomes
Application adjourned to February 16, 2024, to allow defendants to respond.
To ensure procedural fairness and allow the court to hear both sides before making any orders, given the without-notice nature of the initial application and incomplete service.
Defendants permitted to submit written submissions and request a remote hearing.
To allow for a fair and efficient hearing process.
No determination on the merits of the Claimant's substantive claims.
The court reserved judgment on the Claimant's requests for orders relating to payment methods, declarations of discharge, damages, and costs.
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