|
|
|
Saeed
v Plustrade Ltd (CA). |
| Lease—Construction of lease—Whether
right of lessee under long lease to park car on forecourt of premises
having been infringed. |
|
Wilson
v Halifax plc. |
| Mortgage—Sale—Duty of mortgagee—Duty
when exercising power of sale—Duty to take care to obtain proper
price—Claimant alleging substantial undervalue of property on
sale—Whether building society in breach of duty. |
|
Interesting
Times. |
| Considers the legalities of varying the
rate of interest. (Solicitors Journal) |
|
Tree
Root Subsidence After Delaware Mansions. |
| Examines the consequences for claimants
and defendants of the first House of Lords decision to consider the
liability of tree owners for property damage caused by their trees. (Solictors
Journal) |
|
What
is the National Land Information Service? |
| Explains the National Land Information
Service (“NLIS”) and its role in transforming the conveyancing
search process. Discusses the services on offer through NLIS and linking
through to current in-house computer systems. |
|
White
v Chubb; Kasseer v Freeman; Hall v Ravenseft Properties Ltd (CA). |
| Landlord and tenant—Tenancy—Assured
shorthold tenancy—Validity of notice served by landlord on
tenant—Whether errors or omissions in notice affecting its
validity—Whether date to be inserted in notice date of tenancy or date
from which term to be created by it calculated—Housing Act 1988, s
20—Assured Tenancies and Agricultural Occupancies (Forms) Regulations
1988, reg 3(7). |
|
Edward
Ware New Homes Ltd v Secretary of State for Local Government, Transport
and the Regions. |
| Town and country planning—Permission
for development—Refusal—Appeal—Claimant seeking to construct
development on brown field site in green belt—Local authority refusing
permission—Secretary of State’s planning inspector dismissing
claimant’s appeal—Inspector concluding prospect of significant
reoccupation of land unlikely—Whether inspector in error. |
|
R
(on the application of Corus UK Ltd) v Valuation Office Agency. |
| Rates—Valuation—Industrial
building—Amendment—Valuation officer wrongly calculating rateable
value of building in 1991—Valuation officer retrospectively seeking to
lower rateable value of building—Lower rateable value incurring
claimants tax liability of £9m—Claimant arguing retrospective
amendment unfair—Whether amendment unfair. |
|
Yeomans
Row Management Ltd v Meyric. |
| Landlord and
tenant—Tenancy—Agreement—Construction of agreement—Respondent
tenant refusing appellant landlord’s entry to conduct works or
repairs—Appellant bringing action for possession of respondent’s
flat—Appellant’s action dismissed by judge—Whether judge erring. |
|
Belgravia
Property Investment Co and another v Webb and another (CA). |
| Landlord and tenant—Forfeiture of
lease—Arrears of rent—Effect on subtenancy of determination of
superior tenancy—Subtenant to whom property being lawfully
let—Tenant failing to pay ground rent and maintenance charges—Tenant
seeking rent arrears from subtenant—Judge refusing to give money
judgment against subtenant in respect of rent arrears—Whether judge in
error. |
|
Alternative
Figures Add Up To Zero. |
| Challenges the recent compromise allowing
alternatives to upward-only rent reviews. |
|
*AIB
Group (UK) plc (formerly Allied Irish Banks plc and AIB Finance Ltd) v
Martin and another. (HL). |
| Mortgage—Debt—Repayment—Construction
of standard form mortgage—Two mortgagors—Whether appellant liable
for separate debts of co-mortgagor. |
|
Public
Trustee (Notices Affecting Land) (Title on Death) (Amendment)
Regulations 2001. |
| Amend references to the Public Trust
Office in the forms prescribed by SI 1995/3902 as a consequence of the
Public Trust Office ceasing to exist. |
|
Hazel
v Hassan Akhtar and another (CA). |
| Landlord and tenant—Opposition to
grant of new tenancy of business premises—Breach of covenant—Breach
of covenant due to persistent delay in paying rent—Judge finding
breach proved—Whether judge in error—Landlord and Tenant Act 1954, s
30(1)(b). |
|
Shina
v Secretary of State for Local Government, Transport and the Regions. |
| Town and country planning—Permission
for development—Refusal—Claimant being refused planning permission
for light industrial building—Planning authority considering
development conflicting with policy guidance on parking and
access—Claimant suggesting introduction of condition—Secretary of
State’s inspector dismissing appeal against refusal—Claimant arguing
inspector wrongly considering himself bound by guidance contained in
circular and failing to carry out proper balancing exercise—Whether
inspector failing to properly exercise his discretion. |
|
|
| Town and country planning—Permission
for development—Refusal—Claimant being refused planning permission
for light industrial building—Planning authority considering
development conflicting with policy guidance on parking and
access—Claimant suggesting introduction of condition—Secretary of
State’s inspector dismissing appeal against refusal—Claimant arguing
inspector wrongly considering himself bound by guidance contained in
circular and failing to carry out proper balancing exercise—Whether
inspector failing to properly exercise his discretion. |
|
*Spring
House Freehold Ltd v Mount Cook Land Ltd (CA). |
| Landlord and
tenant—Lease—Construction—Clause in lease forbidding lessee to
place goods outside demised premises—Whether clause operating to
prevent lessee from parking motor cars on part of premises which had
originally been open basement area but had since been completely covered
by pavement lights at pavement level. |
|
The
Land Registration Bill. |
| Discusses how the Land Registration Bill
will repeal the Land Registration Act 1925 and replace it with the most
fundamental changes to conveyancing and land law since the reforms of
1925. (Commercial Property) |
|
The
Land Registration Bill. |
| Discusses how the Land Registration Bill
will repeal the Land Registration Act 1925 and replace it with the most
fundamental changes to conveyancing and land law since the reforms of
1925. (Commercial Property) |
|
Century
2000 Enterprises Ltd and another v SFI Group plc (CA). |
| Landlord and
tenant—Lease—Repudiation—Parties entering into agreement
conditional on obtaining planning permission—Claimants applying for
planning permission—Planning permission granted subject to
condition—Defendant terminating agreement on basis that permission
granted for development different to that agreed to—Judge holding
defendant entitled to terminate—Whether judge correct. |
|
Rhondda
Cynon Taff County Borough Council v Watkins. |
| Possession—Land—Compulsory
purchase—Compensation—Lands Tribunal assessing
compensation—Claimant paying compensation into court—Whether
claimant required to pay into court interest in addition to compensation
to which owner entitled—Land Clauses Consolidation Act 1845, s 76. |
|
Rhondda
Cynon Taff County Borough Council v Watkins. |
| Possession—Land—Compulsory
purchase—Compensation—Lands Tribunal assessing
compensation—Claimant paying compensation into court—Whether
claimant required to pay into court interest in addition to compensation
to which owner entitled—Land Clauses Consolidation Act 1845, s 76. |
|
Cutting
v Secretary of State for Local Government, Transport and the Regions. |
| Town and county planning—Permission
for development—Refusal—Claimant seeking planning permission to
permit minor alterations to a grade to listed building—Local planning
authority refusing planning permission—Secretary of State’s
inspector dismissing appeal against refusal—Whether inspector’s
decision disclosing any error of law. |
|
Attorney
General v Hyde and others. |
| Commons—Right of common—Extinguishment—Compensation
for extinction of commonable rights—Trustees and committee of
commoners applying compensation in purchase of pasture land—Land
Commissioners approving resolution by trustees and committee of
commoners creating trusts for grazing and sports purposes—Whether
trusts created over land valid charitable trusts—Commonable Rights
Compensation Act 1882. |
|
RMC
Aggregates (Eastern Counties) Ltd v Secretary of State for Local
Government, Transport and the Regions and another. |
| Town and country planning—Permission
for development—Refusal—Claimant seeking to relocate gravel
extraction facility—Local planning authority refusing planning
permission—Secretary of State’s inspector dismissing claimant’s
appeal—Claimant contending inspector wrongly approaching provisions of
local mineral plan—Whether inspector in error. |
|
Demand
and Supply? |
| Raises E-conveyancing questions that have
yet to be resolved by the industry. |
|
*BHP
Petroleum Great Britain Ltd v Chesterfield Properties Ltd (CA).
Landlord and tenant—Covenant—Release—Assignment
of lease—Statutory provisions providing mechanism for release of ‘landlord
covenants’ and ‘tenant covenants’ on assignment—Whether personal
covenants capable of being released under statutory provisions—Landlord
and Tenant (Covenants) Act 1995, ss 8, 28
| Nowhere to hide
for a negligent agent. He may have to take the blame for his
own misstatements
|
|
Say what you
mean - and mean what you say! How the Court may re-interpret
the ambiguous terms of a contract
|
|
|
|
Gone, but not
Forgotten. Restoring a company to the Register for the
purposes of litigation
|
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|
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|
One nil to the
Arsenal? Not this time Unathorised use of a trademark is a
good defence where a trader makes it clear that merchandise
is unofficial.
|
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|
|
|
Human Rights
prevail in a ground breaking decision. Existing legislation
is incompatible with the Human Rights Act
|
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|
Contributions
and warranties The Court considers the right to contribution
in third party proceedings, and the assessment of damages on
warranty claims’.
|
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|
Pre-action
disclosure The Court of Appeal praises a decision to order
pre-action disclosure of documents and reinforces the
Courts’ wide-ranging new powers.
|
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|
|
|
There's nothing
full and final about this settlement The ongoing saga of
BCCI v Ali
|
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|
Is this the end
of limitation for professional negligence cases? The Court
of Appeal holds that negligent drafting may amount to a
‘deliberate concealment’ within the terms of s32(2)
Limitation Act 1980.
|
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|
Taking the veil
When will the Court permit the corporate veil to be pierced?
Mere impropriety is not enough says the High Court.
|
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He's as good as
his word...... Is an oral agreement enough to establish a
binding contract of hire purchase?
|
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What a motley
web we weave How ISPs can be ordered to give up confidential
details on their subscribers
|
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|
Professionals -
check that policy If your firm goes bust without appropriate
insurance cover you could find yourself liable for past
negligence - personally!
|
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|
The form book
is a database. The first case on the new database right
confirms that this additional protection is extremely wide.
How copying someone else’s race notes can get you into hot
water
|
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Expert? Or
Arbitrator? If it’s an expert that you want, make sure
your contract says so or you could end up in an arbitration
not of your own making.
|
|
|
|
|
|
Early
Withdrawal of Part 36 Offers. How long must a Part 36 Offer
remain open for acceptance? What if the offeror changes his
mind? The Court of Appeal has laid down the rules.
|
|
|
|
|
|
Here today,
Dome tomorrow What happens if your supplier goes bankrupt
after you have sacked him? Can you get out of your
obligations? A recent case involving the Millennium Dome not
surprisingly provides guidance.
|
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|
|
Exclusive. Get
your disputes settled here. Is there now any difference
between an exclusive and a non-exclusive jurisdiction
clause? A recent case suggests that as far as the English
courts are concerned, there is not.
|
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|
Take a letter,
Miss Jones. But don’t assume it will be enough to get your
case before a judge. A recent case shows how the procedural
axe can fall on proceedings under the transitional
provisions in Part 51 CPR.
|
|
|
|
There’s no
smoke without fire. And there’s no fire without someone
being to blame. The extent of modern day ‘Rylands v
Fletcher’ liability is discussed in a recent personal
injury case.
|
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|
Litigation
case reports
|
title
|
|
|
|
Callery v Gray
in the House of Lords - Clear as mud
|
|
|
|
House of Lords
rules on Limitation - Cave v Robinson Jarvis & Rolf
reviewed
|
|
|
|
Pleasure and
Plane Recovery of Damages for Non-Pecuniary Loss Farley v
Skinner Judgment 11 October 2001 [2001] UKHL 49
|
|
|
|
Protection of a
wife's interests - The House of Lords pronounces on undue
influence Royal Bank of Scotland plc v Etridge and joined cases
(HL) Judgment 11 October 2001; [2001] UKHL 44
|
|
|
|
Where there's a
will.... The extent of a solicitor's duties to his testator
clients are clarified Hooper v Fynmores
|
|
|
|
Publish and be
damned! The Court of Appeal clarifies the availability of the
defence of qualified privilege in libel cases. Loutchansky v
Times Newspapers Ltd and others
|
|
|
|
The role of an
expert witness Not only unbiased, but seen to be unbiased too. Liverpool
RC Archdiocesan Trust v Goldberg (No. 2)
|
|
|
|
Exactly whose
friend is 'McKenzie'? The role of 'McKenzie friends' considered Izzo
v Philip Ross & Co
|
|
|
|
Privilege in
disclosable documents The Court of Appeal considers whether
privilege may ever exist in documents which are otherwise
disclosable. Sumitomo Corp v Credit Lyonnais Rouse Ltd (CA)
|
|
|
|
Past, present
and future The availability of an order for security for costs Chandler
v Brown
|
|
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|
Compliance with
time limits The Court of Appeal considers late service of
particulars of claim Totty v Snowdon , Hewitt v Wirrall and
West Cheshire Community NHS Trust
|
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|
|
An appealing
thought....... Should a judge reconsider his own judgment or
should he leave it to the Court of Appeal Compagnie Noga
D'Importation et D'Exportation SA and another v Abacha and another
|
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The winner
takes it all - Conditional Fee Agreements after Callery v Gray
|
|
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Hold the Front
Page! The House of Lords rules that copying selected items only
from newspapers does not breach typographical copyright Newspaper
Licensing Agency Ltd v Marks & Spencer Plc
|
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|
|
What is the
difference between a contract and a tort? Exclusive jurisdiction
clauses revisited
|
|
|
|
First things
first. Preliminary Issues and how to deal with them
|
|
|
other
case reports
|
title
|
|
|
|
IRC v Eversden
and another Spouse exemption makes some Reservation of Benefit
rules irrelevant
|
|
|
|
Cook and
another v IRC - SpC 319 Recent Cases on Interests in Possession
|
|
|
|
Revenue Attack
on EBTs Fails Dextra Accessories Ltd v MacDonald (SpC 331 3
September)
|
|
|
|
Recent Jersey
Trust Cases Jersey Court approves trustees' proposals as being in
the best interests of the beneficiaries
|
|
|
|
Brian Hurst v
Crampton Brothers (Coopers) Ltd and others
|
|
|
|
As many bites
of the cherry as you want Carvill v IRC; R (on the application
of Carvill) v IRC (24 July 2002)
|
|
|
|
Horse Trading
with the Revenue Fayed and others v Advocate General for
Scotland and IRC
|
|
|
|
When is a
disposal not a disposal? When it's made by someone else - Jerome
v Kelly
|
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|
|
Minority
Shareholder in Family Company brings successful claim for Unfair
Prejudice against Parents Bennett v Bennett and Bennett
|
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The Grimm
Reaper? Remittance planning (with benefit of hindsight) Grimm v
Newman
|
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|
|
Inheritance tax
- GROB rules and exempt transfers Essex and another (Executors
of Somerset Deceased) v IRC
|
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An offer the
Revenue could refuse - IRC v Fry
|
|
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|
Assignment of
life insurance policies subject to a trust Davis v Davis
|
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Fallon v
Fellows - Having your cake and eating it?
|
|
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Jersey case on
rectification of wills Re the Estate of Vautier
|
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