Schrödinger’s Deed: can an instrument be two things at once?* (Macdonald Hotels Limited & Anor v Bank of Scotland PLC)
Following the obiter comments of HHJ Pelling KC in Macdonald Hotels Limited & Anor v Bank of Scotland PLC [2025] EWHC 32 (Comm), there may be reasons for the financial sector to be concerned about a common approach to the execution of agreements in cases where the counterparties intend the instrument to be simultaneously both a deed (for one or more parties) and a simple contract (for the other party or parties).
James Hall and William Golightly consider the court’s treatment of the “intention requirement” for deeds in s 1(2) of the Law of Property (Miscellaneous Provisions) Act 1989.
*Title credit: Gatehouse Chambers’ Daniel Gatty.
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