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Acts

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Capital and City Holdings Ltd v Dean Warburg Ltd: CA 1988

There was no right of reimbursement under the 1870 Act of rent paid in advance even where the reddendum also included the words ‘proportionately for any part of a year’. Citations: (1988) 58 P and CR 346, [1989] 1 EGLR 90 Statutes: Apportionment Act 1870 Jurisdiction: England and Wales Cited by: Cited – Marks and … Continue reading Capital and City Holdings Ltd v Dean Warburg Ltd: CA 1988

In re Silkstone and Dodworth Coal and Iron Co: ChD 1881

A mining lease provided that the rent was payable half-yearly in arrears. Rent became payable after presentation of the winding-up petition and a winding-up order was made after the rent became payable. The lease was subject to a proviso for re-entry. The landlords sought leave to destrain submitting that: ‘the entire rent which became due … Continue reading In re Silkstone and Dodworth Coal and Iron Co: ChD 1881

Powdrill and Another v Watson and Another: HL 23 Mar 1995

A receiver of a companies assets, who employed former staff of the company, beyond an initial period of 14 days, becomes personally responsible for their employment contracts, and consequently becomes liable for making redundancy payments. The 1870 Act could be used to determine arrears of salary attributable to the period prior to the administrators’ appointment.Lord … Continue reading Powdrill and Another v Watson and Another: HL 23 Mar 1995

William Hill (Football) Limited v Willen Key and Hardware Limited: 1964

The tenant surrendered the lease, but the date of surrender fell between two rent days. He sought credit for the rent due for the remainder of that rent period, arguing that there was an implied term enabling him to recover the rent for the broken period. Held: In the absence of an explicit incorporation of … Continue reading William Hill (Football) Limited v Willen Key and Hardware Limited: 1964

Moriarty v Regent’s Garage and Engineering Co Ltd: KBD 1921

A company director sought payment of his directors fees of andpound;150 per annum where during the course of the year he had ceased to be a director. There was no allegation of impropriety on his part. The company’s articles provided that the directors should be entitled to fees of a certain amount per annum. The … Continue reading Moriarty v Regent’s Garage and Engineering Co Ltd: KBD 1921

Moriarty v Regent’s Garage and Engineering Co Ltd: CA 2 Jan 1921

Whilst the point was obiter in this case: ‘ . . it seems to me that there is no decision binding on the Court of Appeal as to whether directors’ fees are salary within the Apportionment Act in the case where the agreement . . is simply for payment of so much per year. I … Continue reading Moriarty v Regent’s Garage and Engineering Co Ltd: CA 2 Jan 1921

Hartley and Others v King Edward VI College: CA 14 May 2015

The claimant teachers had been involved in a day’s strike action They objected that the employer had deducted 1/260 and not 1/365 of their annual salary. Held: Section 2 of the 1870 Act did apply to a teacher’s contract, and the employee’s appeal failed. Elias, Tomlinson, Sales LJJ [2015] EWCA Civ 455, [2015] WLR(D) 216, … Continue reading Hartley and Others v King Edward VI College: CA 14 May 2015

Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004

The first defendant (F) had been employed by a company involved in a distribution agreement. He had sought to set up a competing arrangement whilst a director of the claimant, and diverted a contract to his new company. Held: A company director has additional, fiduciary duties over and above those of an employee. The duties … Continue reading Fassihim, Liddiardrams, International Ltd, Isograph Ltd v Item Software (UK) Ltd: CA 30 Sep 2004

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015

The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance. Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause might be implied in a contract is: ‘that it is necessary for business … Continue reading Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another: SC 2 Dec 2015