Hawridge Strategic Land Limited v Millen Homes Limited

Facts

Hawridge Strategic Land Limited, a land promoter, sued Millen Homes Limited, a developer, over an option agreement affecting land at Bicknacre Road, East Hanningfield, Chelmsford. On 14 June 2019 the defendant entered an Option Agreement with the landowners, Anne Mossman and Andrew John Beharrell, for £5,000, with a First Option Period expiring 13 June 2024 and a right under clause 2.3 to extend for a further five years by serving an Extension Notice and paying a £5,000 Extension Fee. Simultaneously the defendant entered an Assignment Agreement with Inland Limited providing for conditional assignment of the option's benefit to Inland once planning permission was obtained. On 24 January 2023 Inland and the claimant entered an Asset Transfer Agreement. Inland went into administration on 5 October 2023, and on 6 June 2024 its administrators executed a Deed of Assignment transferring Inland's rights under the Assignment Agreement to the claimant. The First Option Period expired unextended on 13 June 2024; the claimant notified the defendant of the assignment on 19 June 2024. The claimant issued proceedings on 28 November 2025 claiming over £2.5 million, alleging the defendant breached clause 5.2.2 of the Assignment Agreement, and/or owed it a duty of care, by failing to extend the Option Agreement. The defendant applied for summary judgment or strike-out; the claimant cross-applied for summary determination of construction issues.