“…Mr Fanning’s reliance on Spiro v Glencrown Properties Ltd [1991] Ch 537, and on the fact that an option creates an immediate interest registrable at the Land Registry, had no effect on the correct interpretation of s.45(1)(b) ([35]…”
“… respect, Mr Prosser said that section 28(2) of the TCGA characterises an option as a conditional contract. He relied, too, on Spiro v Glencrown Properties Ltd [1991] Ch 537, whichconcerned the application of the Law of Property (Miscellaneous Provisions) Act 1989 to options. Hoffmann J held that what mattered for the purposes of t…”