Sharma and another v Simposh Ltd [2011] EWCA Civ 1383; [2011] WLR (D) 341
“Property in a deposit could pass to the vendor notwithstanding that the sale contract was void for non-compliance with the formal requirements of section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, provided that the payment was not intended to be conditional upon completion of the transaction; and the vendor could retain the deposit if the purchaser had received the expected benefit.”
WLR Daily, 23rd November 2011
Source: www.iclr.co.uk
