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Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007

The appellant had agreed to take leases on a development of the defendant, hoping to sell the apartments on at a profit. After difficulties, the appellant refused to complete, and the defendant forfeited the deposits. Held: Eyestorm’s appeal was dismissed. It had failed to show the breach of the contract by the defendant. Judges: Tuckey … Continue reading Eyestorm Ltd v Hoptonacre Homes Ltd: CA 19 Dec 2007

Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

The parties disputed whether a contract had been entered into for the sale of land, and whether new evidence could be entered on an appeal against a strike out. The estate agents had signed a contract as agents for the mortgagee in possession, but the mortgagee said that they has acted outside their agency. Eventually … Continue reading Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited: CA 26 Feb 1998

Howe and Another v Gossop and Another: ChD 19 Mar 2021

Appeal concerning the requirements for a proprietary estoppel and the relationship between such requirements and the provisions of section 2(1) of the Law of Property (Miscellaneous Provisions) Act 1989 Citations: [2021] EWHC 637 (Ch) Links: Bailii Statutes: Appeal concerning the requirements for a proprietary estoppel and the relationship between such requirements and the provisions of … Continue reading Howe and Another v Gossop and Another: ChD 19 Mar 2021

King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

The defendant appealed an award of pounds 11,000 damages for unlawful eviction of his tenant. The tenant had found herself unable to pay the rent and had given notice to quit. She was then told to leave immediately. The judge awarded statutory damages under section 27 representing the difference between the vacant possession value of … Continue reading King v Jackson (T/a Jackson Flower Company): CA 16 Jul 1997

Godden v Merthyr Tydfil Housing Association: CA 15 Jan 1997

The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called the Trelewis Development which followed, it is said, an oral arrangement. The plaintiff appealed a striking out of his claim … Continue reading Godden v Merthyr Tydfil Housing Association: CA 15 Jan 1997

Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008

The caravan park operated under planning consents requiring the caravans to be occupied only during certain months. The defendants had bought their mobile homes from the claimants to occupy full time, and said that the claimants knew of this. The claimants purported to impose new leases with clauses requiring the site not to be occupied … Continue reading Brightlingsea Haven Ltd and Another v Morris and others: QBD 30 Oct 2008

North Eastern Properties Ltd v Coleman and Another: ChD 20 Aug 2009

The parties agreed for the developer to build and the defendants to purchase several apartments. The properties were not completed after a notice to complete and the purchasers purported to rescind the contract. The claimant completed the flats and in turn served notice to complete. The defendant now said that since the agreement included a … Continue reading North Eastern Properties Ltd v Coleman and Another: ChD 20 Aug 2009

Cox v Cox and Skan Dansk Design Limited: ChD 27 Apr 2006

Mrs Cox sought to declarations as to the effect of arrangements made on her divorce in an attempt to avoid contentious proceedings. The couple held equal shares in the family business, but the company registers were missing or had never existed. The husband claimed that the arrangements were provisional pending valuations of the assets. The … Continue reading Cox v Cox and Skan Dansk Design Limited: ChD 27 Apr 2006

Helden v Strathmore Ltd: CA 11 May 2011

The defendant appealed against an order finding valid a charge in favour of the claimant despite non-compliance with the 2000 Act.Lord Neuberger MR said as to the 1989 Act: Section 2 is concerned with contracts for the creation or sale of legal estates or interests in land, not with documents that actually create or transfer … Continue reading Helden v Strathmore Ltd: CA 11 May 2011

Courtney v Corp Ltd: CA 1 Mar 2006

The claimants sought to enforce an offer of finance to support a land purchase. The defendants argued that the offer failed to meet the characteristics required under section 2 of the 1989 Act. Held: The judge had been correct to say that the appellant had not effectively incorporated the full agreement. Judges: Arden LJ Citations: … Continue reading Courtney v Corp Ltd: CA 1 Mar 2006

Neocleous and Another v Rees: ChD 20 Sep 2019

Request for specific performance of a compromise agreement including a transfer of land. Judges: His Honour Judge Pearce Citations: [2019] EWHC 2462 (Ch) Links: Bailii Statutes: Law of Property (Miscellaneous Provisions) Act 1989 2 Jurisdiction: England and Wales Land Updated: 31 August 2022; Ref: scu.642628

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: CA 9 Mar 2012

The court was asked ‘whether a contract of guarantee is enforceable where contained not in a single document signed by the guarantor but in a series of documents duly authenticated by the signature of the guarantor. It is common in commercial transactions for a contract of guarantee to be contained in a single document, and … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: CA 9 Mar 2012

Orton v Collins and others: ChD 23 Apr 2007

The court considered how a Part 36 offer could be treated as accepted when it involved an agreement to transfer land, because the offer and its acceptance would not operate under the 1989 Act. Held: The agreement was enforceable. The Civil Procedure Rules, and the inherent jurisdiction of the court, allowed the creation of rights … Continue reading Orton v Collins and others: ChD 23 Apr 2007

Scottish and Newcastle Plc v Lancashire Mortgage Corporation Ltd: CA 5 Jul 2007

The parties each had a charge over a property, and now disputed which had priority. The brewery appealed an order for rectification of the registers to reverse priority on the basis of an estoppel. The charge in their favour had been registered first, but the respondents charge was intended to secure finance to repay it … Continue reading Scottish and Newcastle Plc v Lancashire Mortgage Corporation Ltd: CA 5 Jul 2007

Graham and others v Mayrick: ChD 23 Mar 2006

The claimants sought specific performance of a compromise agreement with the defendant after a dispute over a strip of land. The defendant appealed a finding that the claimants had shown satisfactory title. Held: ‘It has long been established that although the description of the property may be vague, if it contains sufficient internal information to … Continue reading Graham and others v Mayrick: ChD 23 Mar 2006

Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

The defendant entered into an agreement for lease, incurring substantial obligations. When it could not meet them it sought assistance from the claimant, who now claimed to have an interest in a joint venture. The draft documentation originally suggested a loan, but then changed. Disagreements persisted after completion. Held: There was insufficient agreement to constitute … Continue reading Kilcarne Holdings Ltd v Targetfollow (Birmingham) Ltd, Targetfollow Group Ltd: ChD 9 Nov 2004

Robert Leonard Developments Limited v Wright: CA 23 Mar 1994

The terms expressly agreed by the parties provided for the grant of a lease and the sale of the contents of the property. There was a single agreement for the lease and the contents. The written document did not incorporate the terms as to the sale of the contents and so did not comply with … Continue reading Robert Leonard Developments Limited v Wright: CA 23 Mar 1994

Nweze and Another v Nwoko: CA 29 Mar 2004

The parties had settled their dispute in an oral compromise agreement under which it was agreed that land would be sold at the best price reasonably obtainable. One now argued this was unenforceable as an agreement for the disposal of land requiring writing. Held: The agreement could be enforced. Section 2 concerns a contract between … Continue reading Nweze and Another v Nwoko: CA 29 Mar 2004

Joyce v Rigolli: CA 2 Feb 2004

An agreement to resolve a boundary dispute does not need to comply with formalities of the Act. Sir Martin Nourse said: ‘The agreement between the parties served merely to demarcate the boundary between their respective properties. It had not purported to be a contract to convey any land from the claimant to the defendant. Accordingly, … Continue reading Joyce v Rigolli: CA 2 Feb 2004

Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003

The defendant and his wife separated when she left the flat they shared. She accepted a new tenancy of other premises. The landlord claimed possession of the flat, saying that the tenancy had ended. Held: There was no express surrender within the 1989 Act. The landlord claimed an implied surrender under the 1925 Act. That … Continue reading Ealing Family Housing Association Ltd v McKenzie: CA 10 Oct 2003

Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002

The claimant company set out to sell land whilst it was still only in the process of incorporation. Its solicitors had signed as agents, and now sought an order for the purchaser to complete the contract. The respondent had not known of the non-incorporation of the company. The claimant later rescinded the contract, and forfeited … Continue reading Braymist Limited and Others v Wise Finance Company Limited: CA 20 Feb 2002

Spiro v Glencrown Properties Ltd and Another: ChD 1991

The court considered the nature of an option to buy land. Hoffman J said: ‘The granting of the option imposes no obligation upon the purchaser and an obligation upon the vendor which is contingent upon the exercise of the option. When the option is exercised, the vendor and purchaser come under obligations to perform as … Continue reading Spiro v Glencrown Properties Ltd and Another: ChD 1991

United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996

The bank appealed against a decision that the simple deposit of deeds with a bank did not take effect as an equitable charge. Held: Depositing deeds with a bank is not sufficient to create a charge over them. The old law as to the creation of an equitable mortgage by deposit of deeds had been … Continue reading United Bank of Kuwait Plc v Sahib and Others: CA 2 Feb 1996

Babic v Thompson and Another: ChD 13 Jan 1999

Interlocutory injunction granted to prevent disposal of land bought in one name but held on trust for two partners. A compromise which agreed the trust without complying with the formalities could still found a claim in trust. Citations: Gazette 13-Jan-1999 Statutes: Law of Property (Miscellaneous Provisions) Act 1989 2 Trusts Updated: 18 May 2022; Ref: … Continue reading Babic v Thompson and Another: ChD 13 Jan 1999

Sharma and Another v Simposh Ltd: CA 23 Nov 2011

The parties created an oral (and therefore void) contract for a development, the claimants paid a deposit, expressed to be non-refundable, and the defendant builders completed the building work. The buyers backed out. The developer now appealed against an order for the refund of the deposit. The appeal succeeded, and the deposit was repayable: ‘The … Continue reading Sharma and Another v Simposh Ltd: CA 23 Nov 2011

Ravenocean Ltd v Garner: ChD 19 Jan 2001

The claimant asserted a constructive trust arising from an oral agreement by the defendant to sell his land to the plaintiff. It was conditional on the claimant obtaining planning permission. Pursuant to the agreement, and relying on it, the claimant paid out andpound;3,000.00 in fees.The permission, was granted. The claimant sought a declaration that the … Continue reading Ravenocean Ltd v Garner: ChD 19 Jan 2001

United Bank of Kuwait Plc v Sahib and Others: ChD 24 Jun 1994

The customer had deposited title deeds with the bank as security for a loan, but no deed of charge had been executed. Held: The mere deposit of title deeds does not create an equitable charge without more. The 1989 Act operated as a statutory bar to such a claim. The rule that the deposit of … Continue reading United Bank of Kuwait Plc v Sahib and Others: ChD 24 Jun 1994

Matchmove Ltd v Dowding and Another: CA 7 Dec 2016

Appeal against a finding that an oral agreement for the purchase of land was effective through a proprietary estopple and a constructive trust. Sir Terence Etherton MR, Lloyd Jones LJ and Arnold J [2016] EWCA Civ 1233 Bailii Law of Property (Miscellaneous Provisions) Act 1989 2(5) England and Wales Land, Contract, Equity, Estoppel Updated: 26 … Continue reading Matchmove Ltd v Dowding and Another: CA 7 Dec 2016

Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

The parties disputed whether a contract had been made. The proposed contract was contained in a letter and a plan but only the plan was signed by both parties. Held: The requirements of Section 2 had not been satisfied because it was the letter which contained the contract which referred to the plan and incorporated … Continue reading Firstpost Homes Ltd v Johnson and Others: CA 14 Aug 1995

Keay and Another v Morris Homes (West Midlands) Ltd: CA 11 Jul 2012

The claimants sought damages alleging breach of contract. The defendants argued that the contract related to land, and since it was an oral agreement it was unenforceable under the 1989 Act. Held: It was not possible that a contract which was void under the 1989 Act could, by acts amounting to a possible part performance … Continue reading Keay and Another v Morris Homes (West Midlands) Ltd: CA 11 Jul 2012

Tootal Clothing Ltd v Guinea Properties Ltd: CA 1992

By a single commercial transaction the parties agreed to the grant of a lease, on terms that Tootal (the intending lessee), would carry out shop-fitting works, have the benefit of a three months rent-free period during the which the works were to be carried out, and on the satisfactory completion of the works, receive 30,000 … Continue reading Tootal Clothing Ltd v Guinea Properties Ltd: CA 1992

Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

The claimants owned land against which they said, the defendant had wrongfully registered notices. They sought removal of the notices, damages, and an injunction to prevent further notices being registered. The first defendant asserted an oral agreement for the purchase of the site. The claimant sought a strike out of the defence. Held: The balance … Continue reading Anderson Antiques (UK) Ltd v Anderson Wharf (Hull) Ltd and Another: ChD 23 May 2007

Target Holdings Ltd v Priestley and Another: ChD 8 Apr 1999

An oral contract by which a lender agreed to accept repayments of arrears under a mortgage at a certain rate was valid in law despite non-compliance with the section. It was however a contract of disposition, not an executory contract and not caught. A compromise of repayments under a mortgage was valid despite lack of … Continue reading Target Holdings Ltd v Priestley and Another: ChD 8 Apr 1999

Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995

The trial judge had dismissed a claim for rectification on the basis that the defendant hoped and suspected, but did not know, of the relevant mistake by the plaintiff. Held: Rectification was ordered because the defendant had sought to mislead the plaintiff into making the relevant mistake, the plaintiff had in fact made it, and … Continue reading Commission for the New Towns v Cooper (Great Britain) Ltd, (Formerly Coopind UK Ltd): CA 4 Mar 1995

Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act. Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are enforceable at the instance of the Authority only and not by third … Continue reading Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others: ChD 13 May 2010

North Eastern Properties Ltd v Coleman and Another: CA 19 Mar 2010

The appellants challenged specific performance orders obliging them to complete the purchase of apartments, saying that the contracts had not complied with the 1989 Act, and that their repudiation of the contracts had been accepted. The contracts had omitted an agreement for the payment of a 2% finders fee on exchange. The appellants intended to … Continue reading North Eastern Properties Ltd v Coleman and Another: CA 19 Mar 2010

Williams and Others v Redcard Ltd and Others: CA 20 Apr 2011

The parties disputed whether the defendant company had effectively executed a contract for the sale of land. Two authorised signatories of the company had signed it, but there was no wording to attribute their acts to the company. Held: The defendant’s appeal against a finding that it had executed the agreement failed. The words in … Continue reading Williams and Others v Redcard Ltd and Others: CA 20 Apr 2011

Yeoman’s Row Management Ltd and Another v Cobbe: CA 31 Jul 2006

The defendants orally agreed to sell the claimant a block of flats for andpound;12 million if he first obtained planning permission for it on terms as to a sharing of subsequent development profits. The claimant spent over andpound;100,000 and gained planning permission, whereupon the defendant resiled from the oral agreement and demanded andpound;20 million instead … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: CA 31 Jul 2006

Oun v Ahmad: ChD 19 Mar 2008

The parties agreed in writing for the sale of leasehold property to the claimant. One document had been signed, but later one said that it had not included an aportionment. Another document then set out the apportionment. When the defendant refused to proceed, the claimant registered a unilateral notice which the defendant challenged. The parties … Continue reading Oun v Ahmad: ChD 19 Mar 2008

McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

The parties entered into a written contract for the sale of land which, in error, provided for completion on a Sunday. The parties varied the date to the Friday but did not execute a new contract which would comply with section 2(1) of the 1989 Act. Time was not initially of the essence of the … Continue reading McCausland and Another v Duncan Lawrie Ltd and Another: CA 18 Jun 1996

Hardy and Another v Haselden and Others: CA 29 Nov 2011

The claimants had taken up occupation of a farm under an informal arrangement which they now said amounted to a tenancy for ther lives. The freeholder’s, personal representatives of the original grantors, appealed against a declaration accordingly. The respondents said that they had spent over andpound;30,000 in repairs because of the agreement. Held: The appeal … Continue reading Hardy and Another v Haselden and Others: CA 29 Nov 2011

Yaxley v Gotts and Another: CA 24 Jun 1999

Oral Agreement Creating Proprietory Estoppel The defendant offered to give to the Plaintiff, a builder, the ground floor of a property in return for converting the house, and then managing it. They were friends, and the oral offer was accepted. The property was then actually bought in the name of the first defendant, the second … Continue reading Yaxley v Gotts and Another: CA 24 Jun 1999

Proudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995

The handing back of keys without more does not of itself constitute a lease surrender. The passage in Tarjoumi as to implied surrender would have been more correct if there was added the phrase: ‘or such as to render it inequitable for the landlord to dispute that the tenancy has ceased.’ Where a new lease … Continue reading Proudreed Ltd v Microgen Holdings Plc: CA 17 Jul 1995

Healey v Brown: ChD 25 Apr 2002

The two deceased had made mutual wills bequeathing the family home. The survivor transferred the property during his life to defeat the agreement. It was now said that the arrangement fell foul of the 1989 Act and was unenforceable. Held: Subject to the 1989 Act the arrangement was enforceable. As to the 1989 Act: ‘section … Continue reading Healey v Brown: ChD 25 Apr 2002

Kitechnology BV v Unicor GmbH: CA 1995

The plaintiffs owned confidential information relating to novel plastic coated pipes; the defendants were German companies and individuals domiciled in Germany, who it was alleged had used the plaintiffs’ confidential information. One issue the court had to consider was whether, in relation to (non-contractual) claims for breach of confidence, the claims arose in tort, thus … Continue reading Kitechnology BV v Unicor GmbH: CA 1995

Shelford and Others v Revenue and Customs (Inheritance Tax – Avoidance – ‘Home Loan Scheme’): FTTTx 27 Jan 2020

INHERITANCE TAX – avoidance – ‘home loan scheme’ – purported sale of house to interest-in-possession trust – mislabelled agreements – validity of sale – s2 Law of Property (Miscellaneous Provisions) Act 1989 – s163 Inheritance Tax Act 1984 Citations: [2020] UKFTT 53 (TC) Links: Bailii Jurisdiction: England and Wales Inheritance Tax Updated: 27 November 2022; … Continue reading Shelford and Others v Revenue and Customs (Inheritance Tax – Avoidance – ‘Home Loan Scheme’): FTTTx 27 Jan 2020

Ward v Arter: CA 18 Nov 1998

The respondent requested the appellant’s notice of appeal to be struck out as vexatious, on the basis that it misrepresented the nature of the judgement. Held: The interpretation of the document was the only one available to the judge. Notice of Appeal struck out. Judges: Lord Justice Evans, Lord Justice Ward Citations: [1998] EWCA Civ … Continue reading Ward v Arter: CA 18 Nov 1998

Bernard David Thomas Lewis, Barbara May Lewis v Bernard David Sharpheale (Deeds): LRA 3 May 2011

LRA Execution of TR1 – witness not attesting document in presence of signatories – facsimile of transferors’ signatures applied to TR1 – execution invalid under Land Registration Rules 2003 and Law of Property (Miscellaneous Provisions) Act 1989 Citations: [2011] EWLandRA 2010 – 0855 Links: Bailii Statutes: Law of Property (Miscellaneous Provisions) Act 1989 Jurisdiction: England … Continue reading Bernard David Thomas Lewis, Barbara May Lewis v Bernard David Sharpheale (Deeds): LRA 3 May 2011

Rudra v National and Provincial Building Society; Stickley and Kent (Risk Management Unit) Ltd: CA 22 Aug 1997

Before the auction, the estate agents had signed a contract to sell the house to the claimant. The Society, as mortgagees, said that the agents did not have authority to bind it, and that the contract did not sufficiently identify the property so as to constitute a memorandum of the sale under the 1989 Act, … Continue reading Rudra v National and Provincial Building Society; Stickley and Kent (Risk Management Unit) Ltd: CA 22 Aug 1997

Newberry and Another v Turngiant Ltd: CA 22 Jan 1992

The vendor was not in default and was not responsible for a delay in completion of sale of land, when the delay was required to remove a registered land charge discovered only after exchange. The contract was exchanged before the Act came into effect and the Act did not apply. Citations: Gazette 22-Jan-1992 Statutes: Law … Continue reading Newberry and Another v Turngiant Ltd: CA 22 Jan 1992

Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature. Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel. Judges: Peter … Continue reading Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

The Mayor and Burgesses of The London Borough of Tower Hamlets v Barrett: LRA 4 Feb 2009

LRA Former highways and the medium filum rule – acquisition of an easement for parking – Law of Property (Miscellaneous Provisions) Act 1989 s2 – Law of Property Act 1925 s62 – Local Government Act 1972, s 132(2A) – Local Government Organisation (Property) Order 1986 – Stopping-Up of Highways (London Borough of Tower Hamlets) (No. … Continue reading The Mayor and Burgesses of The London Borough of Tower Hamlets v Barrett: LRA 4 Feb 2009

Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd: CA 30 Mar 2010

The tenants gave a notice seeking to exercise their right to acquire the freehold building. The landlord challenged the validity of the notice saying that for a company tenant, the notice had been signed only by a director using his own name with the word ‘Director’. Held: Sections 99(5) and 13 made a distinction between … Continue reading Hilmi and Associates Ltd v 20 Pembridge Villas Freehold Ltd: CA 30 Mar 2010

Jelson Ltd v Derby City Council: ChD 30 Jun 1999

Agreements under the planning acts remained subject to the general law requiring formalities for contracts for the sale of land. Where two landowners had an understanding as to the expectations for the division of responsibility for provision of affordable housing between their respective plots, one could not be obliged to continue where the contract was … Continue reading Jelson Ltd v Derby City Council: ChD 30 Jun 1999

Bank of Scotland Plc v King and others: ChD 23 Nov 2007

The parties contracted to buy and sell a property. The lending bank sought possession, saying that it had advanced the money which had been spent acquirng the property. The defendant purchasers said that completion had not taken place, the full price had not been paid, possession had not been given, and the parties had agreed … Continue reading Bank of Scotland Plc v King and others: ChD 23 Nov 2007

Shah v Shah and others: CA 7 Mar 2001

Renewed application for permission to appeal – whether deed validly signed. Citations: [2001] EWCA Civ 493 Links: Bailii Statutes: Law of Property (Miscellaneous Provisions) Act 1989 Jurisdiction: England and Wales Cited by: Leave given – Shah v Shah CA 10-Apr-2001 The court was asked as to the enforceability of a document under the terms of … Continue reading Shah v Shah and others: CA 7 Mar 2001

R G Kensington Management Co Ltd v Hutchinson IDH Ltd: ChD 2003

Neuberger J decided that he could not follow the court in Jelson, saying: ‘The defendant’s case is that the reference to ‘the parties’ in s.2(3) is to the parties to the proposed conveyance or transfer. Two strands of authority are put forward as supporting that contention. First, that the purpose of s. 2 was to … Continue reading R G Kensington Management Co Ltd v Hutchinson IDH Ltd: ChD 2003

Kirkham v Anderton, The Chief Constable of the Greater Manchester police: CA 20 Dec 1989

The claimant’s husband hanged himself in Risley Remand Centre after the police had failed to warn the prison authorities that he was (as the police knew) a suicide risk. He was suffering from clinical depression and had previously attempted suicide more than once. Held: The defendant’s appeal failed. The police, had assumed responsibility for the … Continue reading Kirkham v Anderton, The Chief Constable of the Greater Manchester police: CA 20 Dec 1989

Rollerteam Ltd and Another v Riley and Another: CA 16 Dec 2016

The parties had been involved in a bitter family and commercial dispute. It had been settled, but it was now disputed whether that settlement was effective or was void for a failure to comply with section 2(1) of the 1969 Act. The judge below had held that though the requirements of section 2 had not … Continue reading Rollerteam Ltd and Another v Riley and Another: CA 16 Dec 2016

Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

The defendants had charged a property to the claimant bank to secure a guarantee of borrowings. The signatures were not witnessed as required under section 1(3) of the 1989 Act, and there were other misdescriptions. The bank sought a declaration as to the validity of the charge, and now applied for summary judgment. Held: Applying … Continue reading Bank of Scotland Plc v Waugh and Others: ChD 21 Jul 2014

Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd; Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd: ChD 16 May 2000

Land once conveyed for the purposes of becoming a highway, became dedicated for that purpose even though no steps were ever taken for its use for that purpose. The registration of a company as proprietor by the Land Registry did not displace the dedication since the interest was an over-riding one under the Act.The dispute … Continue reading Secretary of State for the Environment Transport and the Regions v Baylis (Gloucester) Ltd; Bennett Construction (UK) Ltd v Baylis (Gloucester) Ltd: ChD 16 May 2000

Briggs and Others v Gleeds (Head Office) and Others: ChD 15 Apr 2014

The court was asked whether certain documents constituting a pension scheme had been effectively executed. They had been signed, but the signatures lacked the necessary witnessing. The scheme members claimed estoppel against the signatories. Held: There could be no estoppel where the non-compliance where a document does not even appear to comply with the 1989 … Continue reading Briggs and Others v Gleeds (Head Office) and Others: ChD 15 Apr 2014

Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005

Principles for Proprietary Estoppel A developer claimed to have agreed that upon obtaining necessary planning permissions for land belonging to the respondents, he would purchase the land at a price reflecting its new value. The defendant denied that any legally enforceable agreement existed. Claims were made for a constructive trust, proprietary estoppel and restitution. Held: … Continue reading Cobbe v Yeomans Row Management Ltd and Others: ChD 25 Feb 2005

Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

The claimant sought judicial review of the lawfulness of search warrants given to the Commissioners and executed at their various offices. The Revenue had suspect the dishonest implementation of a tax avoidance scheme. The claimants said that there were no sufficient ground for the request for and issue of the warrants. The investigation had been … Continue reading Mercury Tax Group Ltd and Another, Regina (On the Application of) v HM Revenue and Customs and Others: Admn 13 Nov 2008

Cook v The Mortgage Business Plc: CA 24 Jan 2012

The land owners sought relief from possession orders made under mortgages given in equity release schemes: ‘If the purchaser raises all or part of the purchase price on mortgage, and then defaults, the issue arises whether the mortgagee’s right to possession has priority over, or is subject to, any entitlement of the vendor to continue … Continue reading Cook v The Mortgage Business Plc: CA 24 Jan 2012

Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

The parties agreed in principle for the sale of land with potential development value. Considerable sums were spent, and permission achieved, but the owner then sought to renegotiate the deal. Held: The appeal succeeded in part. The finding that Mrs Lisle-Mainwaring’s behaviour in repudiating, and seeking an improvement on, the core financial terms of the … Continue reading Yeoman’s Row Management Ltd and Another v Cobbe: HL 30 Jul 2008

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