“…e with Mr Sterling that the decision in Firth v Hylane is not binding upon us. As Morgan J noted in Berkeley Community Villages Ltd v Pullen [2007] 3 EGLR 101; [2007] EWHC 1330 (Ch) at [108], the decision turned upon the particular course of dealing and correspondence between an estate agent and his client in that case. As Morris LJ himsel…”
“…In Berkeley Community Villages Ltd v Pullen [2007] EWHC 1330 (Ch); [2007] 3 EGLR 101 Morgan J held at [117] that an implied term not to prevent performance might be appropriate where the obligation in question was a contingen…”