Acts
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Search Results for: Estate Agents Act 1979
Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997
The Secretary of State had the right to take account of a foreign criminal conviction against property, when assessing the fitness of a Estate Agent to act as such, even though the offence also took place before the Act came into effect. The statute had been introduced to protect the public against the activities of … Continue reading Antonelli v Secretary of State for Trade and Industry: CA 31 Jul 1997
G and S Properties v Francis and Another: SCS 13 Jun 2001
The pursuers were contracted to sell a property with sole selling rights. The contract was terminable on two weeks notice. Notice was given, and another company engaged. A buyer confused the two agents and obtained details from the pursuer’s office, and later bought. The pursuer sought payment for the sale. The Sherriff had declined to … Continue reading G and S Properties v Francis and Another: SCS 13 Jun 2001
Wells v Devani: SC 13 Feb 2019
Mr W was selling apartments in a block of flats. Mr D, an estate agent, sought commission. W argued that D had not had signed his terms, and that therefore no contract existed. The court considered whether a contract had come into being when a major term remained unresolved. Held: Mr D’s appeal succeeded. Whether … Continue reading Wells v Devani: SC 13 Feb 2019
Wells v Devani: CA 15 Nov 2016
Claim for agent’s commission on sale of flats. The defendant developer had entered into a sole agency agreement with W. Unsold flats were eventually sold to an Housing association on an introduction by a third party agent., the claimant, who now sought commission. The parties disputed whether a contract had been created. Held: The developer’s … Continue reading Wells v Devani: CA 15 Nov 2016
Littlewood and Another v Powys County Council: Admn 23 Jul 2015
The court considered the procedures on the proposal to make an order barring the claimant from acting as an estate agent, and in particular the arrangements for making oral representations. Holman J [2015] EWHC 2125 (Admin) Bailii Estate Agents Act 1979 England and Wales Administrative Updated: 02 January 2022; Ref: scu.550597
The County Homesearch Company (Thames and Chilterns) Ltd v Cowham: CA 31 Jan 2008
The defendants contracted to pay estate agents to find them a house. They completed the purchase of a property mentioned to them three times by the agent, but now appealed from a finding that they were obliged to pay his commission. The judge found that it was not implied into the contract that the commission … Continue reading The County Homesearch Company (Thames and Chilterns) Ltd v Cowham: CA 31 Jan 2008
Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999
In order for the landlord to claim double rent where a tenant held over unlawfully after the tenancy was determined, the landlord must not do anything to indicate that the lease might be continuing, for example by denying the validity of break clause. In construing an Act, regard must be had to the whole of … Continue reading Oliver Ashworth (Holdings) Limited v Ballard (Kent) Limited: CA 18 Mar 1999
Harwood T/A RSBS Group v Smith and Smith and Bedwell Watts and Company (a Firm): CA 14 Nov 1997
An estate agent with sole selling rights was not entitled to claim commission on a sale where he had contributed no act to the sale, even though his terms were specific enough to deal with the particular circumstances which had arisen here. Such a clause should be interpreted tightly against those seeking to place reliance … Continue reading Harwood T/A RSBS Group v Smith and Smith and Bedwell Watts and Company (a Firm): CA 14 Nov 1997
First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996
The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim. Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. … Continue reading First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996
Job Edwards Ltd v Birmingham Navigations Proprietors: CA 1924
Land next to the canal was used for the deposit of refuse by trespassers. The mound spread until, for a fee, it was dumped also across the canal. It caught fire, and the fire spread toward the canal. By agreement the parties got together to put out the fire, and now sought to allocate the … Continue reading Job Edwards Ltd v Birmingham Navigations Proprietors: CA 1924
Eccles v Bryant and Pollock: CA 1947
The Plaintiff contended that a letter written by the purchaser’s solicitor which effectively set out the terms of the agreement, enclosed the part of the contract signed by the purchaser, and asked in exchange for the counter-part signed by the vendor, created a binding contract between the parties. Held: Negotiations ‘subject to contract’ for the … Continue reading Eccles v Bryant and Pollock: CA 1947
First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
The company had gone into liquidation. They had sold consumer policies as extended warranties on behalf of the claimant. The company had insured its own joint liability under the contracts, and the claimant sought information from the company’s administrators to assist it identifying who might else be liable. Held: The claimant could rely upon the … Continue reading First National Tricity Finance Ltd v OT Computers Ltd; In re OT Computers Ltd (in administration): CA 25 May 2004
Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
A company went into liquidation, being owed substantial sums by another company in the same group, but itself insolvent. A settlement did not include accrued interest, but was claimed to be taxed as if it had, and on an accruals basis. If so, was this an expense properly arising in the insolvency, and payable as … Continue reading Kahn and Another v Commissioners of Inland Revenue; In re Toshoku Finance plc: HL 20 Feb 2002
Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
The Moorcock: CA 1889
Unless restricted by something else, an employer ought to find work to enable a workman to perform his part of the bargain, namely, to do his work. A term will be implied into a contract only to the extent required to give the contract efficacy: ‘if it is necessary, in the business sense, to give … Continue reading The Moorcock: CA 1889
White and Another v Jones and Another: HL 16 Feb 1995
Will Drafter liable in Negligence to Beneficiary A solicitor drawing a will may be liable in negligence to a potential beneficiary, having unduly delayed in the drawing of the will. The Hedley Byrne principle was ‘founded upon an assumption of responsibility.’ Obligations may occasionally arise outside the terms of the retainer or where there is … Continue reading White and Another v Jones and Another: HL 16 Feb 1995
Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
The deceased soldier died of heat exhaustion whilst on active service in Iraq. It was said that he was owed a duty under human rights laws, and that any coroner’s inquest should be a fuller one to satisfy the state’s duty under Article 2. Held: The SSD’s appeal succeeded. ‘jurisdiction’ within the meaning of Article … Continue reading Smith, Regina (on The Application of) v Secretary of State for Defence and Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening): SC 30 Jun 2010
C Plc v P and Attorney General Intervening: CA 22 May 2007
The respondent had been subject to a civil search, which revealed the existence of obscene images of children on his computer. He appealed against refusal of an order that the evidence should not be passed to the police as evidence. He said that the order infringed his right against self-incrimination. He had permitted the search … Continue reading C Plc v P and Attorney General Intervening: CA 22 May 2007
Tchenguiz and Others v Imerman: CA 29 Jul 2010
Anticipating a refusal by H to disclose assets in ancillary relief proceedings, W’s brothers wrongfully accessed H’s computers to gather information. The court was asked whether the rule in Hildebrand remained correct. W appealed against an order restraining her use of the information obtained, saying that ‘the law which protects Mr Imerman’s confidential information and … Continue reading Tchenguiz and Others v Imerman: CA 29 Jul 2010
William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993
Land was bought for development, but the purchaser later discovered a sewage pipe which very substantially limited its development potential. The existence of the pipe had not been disclosed on the sale, being unknown to the seller. Held: Under the National Conditions of Sale, it is the purchaser who takes the risk of there being … Continue reading William Sindall Plc v Cambridgeshire County Council: CA 21 May 1993
Issa And Others v Turkey: ECHR 16 Nov 2004
Accountability for violation of the Convention rights and freedoms of persons in another state stems from the fact that article 1 of the Convention cannot be interpreted so as to allow a state party to perpetrate violations of the Convention on the . .
Phonogram Ltd v Lane: CA 1982
A collateral contract was entered into with a company which had not then been incorporated under which an advance by Phonogram to support an intended new pop group was repayable by the company if a recording contract was not entered into within one . .