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CLP Holding v Singh and Kaur

In CLP Holding v Singh and Kaur [2014] EWCA Civ 1103 (31 July 2014) the Court of Appeal found that the vendor of an opted property should bear the cost of the VAT due on the sale.

CLP had sold an opted property to the defendants and the key issue was whether the contract imposed upon the defendants an obligation to pay the chargeable tax to the claimant.

Kitchin LJ observed that this should be ascertained by working out what a reasonable person would have understood the parties to have meant – regardless of the parties’ subjective intention. He also noted that in a contract which contained both special and general conditions the court should preserve the general conditions so far as possible.

General provision 1.4 provided that an obligation to pay money included any obligation to pay VAT and that all sums payable under the contract were...

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