Westfield Park v. Harworth Estates in the Court of Appeal
Nicholas Jackson represented the Appellant in the above case which was heard at the Court of Appeal in October 2025. The case concerned the proper interpretation or the rectification of an agreement which was made between the Appellant, Westfield Park Limited and the Respondent, Harworth Estates Investments Limited. The Agreement was for the purchase of land known as York Holiday Park Development at the site of the former North Selby Mine.
This was yet another interpretation case but one which illustrates the danger in overthinking the issues and reinforces the need to go through the process of applying the six principles explained by Lord Neuberger in Arnold v. Britton and undertake the task expressed succinctly by Lord Hamblen in Sara & Hossein Holdings Ltd v. Blacks Outdoor Retail Ltd.
It disposes of any remaining support for the view in rectification proceedings that the requirement for an outward expression of accord deriving from Jocelyne v. Nissen may be watered down or that such an outward expression may merely constitute evidence of a continuing intention.
In line with the Supreme Court in Tyne & Wear Passenger Transport Executive v. National Union of Rail, Maritime and Transport Workers, the outward expression defines and delineates the provable accord. Put the other way, common intention may not be patched together from evidence which does not itself result in an accord outwardly expressed.
Nicholas Jackson was instructed by Mairtin Breathnach at Griffiths & Hughes Parry Solicitors.
The judgment is available here.
