Objecting neighbours appealed against a decision allowing a variation of a restrictive covenant to allow the owner to convert a dwellinghouse into two self-contained apartments. Held: The appeal failed. The power in the 1985 Act to vary a covenant must be used judicially, and ‘the statute does not create any presumption in favour of the … Continue reading Lawntown Ltd v Camenzuli and Another: CA 10 Oct 2007
Section 136 by its terms preserves the equitable rule that the debtor can rely on any rights of set-off which arose before he had notice of assignment . Citations: [1988] 1WLR 150 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Edlington Properties Limited v J H Fenner and … Continue reading Pfeiffer GmbH v Arbuthnot Factors Limited: 1988
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A notice of an assignment of a debt need not state the date of the assignment. Citations: [1969] 1 QB 607 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Citing: Cited – W F Harrison and Co v Burke 1956 If a notice of assignment of a debt describes the assignment by … Continue reading Van Lynn Developments Ltd v Pelvis Construction Co Ltd: 1969
The assignment of a debt by a company in liquidation to a significant shareholder, in order to allow him to make an application for legal aid, and to avoid having to give security for costs and to allow the action to proceed was not unlawful, but the Legal Aid Board should be careful in supporting … Continue reading Circuit Systems Ltd (In Liquidation) and Another v Zuken Redac (Uk) Ltd: CA 5 Apr 1996
The court was asked to consider the effectiveness of an unsigned assignment of a chose in action: ‘An assignment is only a legal assignment if it complies with s.136 of the 1925 Act. What that section requires is that there should be an ‘absolute assignment by writing under the hand of the assignor (not purporting … Continue reading Technocrats International Inc v Fredic Ltd: QBD 23 Nov 2004
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of the original creditors to sue was invalid without such consent since the assignment … Continue reading Barbados Trust Company Ltd v Bank of Zambia and Another: CA 27 Feb 2007
A notice of assignment of a debt under the section need not be by deed. Citations: [1985] 2 Lloyd’s Rep 85 Statutes: Law of Property Act 1925 136 Jurisdiction: England and Wales Cited by: Cited – Firstdale Ltd v Quinton ComC 5-Aug-2004 In the course of a long dispute, the defendant’s solicitors had indicated that … Continue reading The Kelo: 1985
In the course of a long dispute, the defendant’s solicitors had indicated that they would accept service of proceedings. Just before the limitation period expired, the papers were served directly in the client. The defendants solicitors said that this was invalid service, and that later service out of time could not revive the claim. Held: … Continue reading Firstdale Ltd v Quinton: ComC 5 Aug 2004
The court was asked as to the position resulting from the assignment of a contract including an arbitration clause: ‘Where the assignment is the assignment of the cause of action, it will, in the absence of some agreement to the contrary include as stated in s136 all the remedies in respect of that cause of … Continue reading The Jordan Nicholev: 1990
Appeal by the Defendant from a judgment on an application for summary judgment under RSC Order 14 by the Plaintiffs, Camdex International Ltd judgment was entered for the Plaintiffs in the sum of Kuwaiti Dinars 20,595,557.429. The Plaintiffs pleaded that the Central Bank of Kuwait deposited with the Defendant the sum of Kuwaiti Dinars 15,000,000 … Continue reading Camdex International Ltd v Bank of Zambia and Another: CA 3 Apr 1996
References: Gazette 10-Jul-1996, Times 08-Apr-1996, [1998] QB 22 Coram: Mr Justice Neill, Lord Justice Peter Gibson and Lord Justice Hobhouse Ratio: There was no maintenance in the assignment of debt though litigation was required to recover it. It remains objectionable to traffic in litigation. The assignment had no essence in maintenance and was contemplated by … Continue reading Camdex International Ltd v Bank of Zambia: CA 3 Apr 1996
The plaintiffs had paid deposits for apartments which were to be built. After the developer became insolvent the plaintiffs sought recovery of the deposits, saying they had a lien which preceded the claims of chargees. Held: The one appeal failed and another succeeded. ‘the circumstances in which a purchaser’s lien will arise are not limited … Continue reading Chattey and Another v Farndale Holdings Inc and others: CA 11 Oct 1996
Even an unlawful sub-tenancy can have protection under Part II of the 1954 Act. The court described as fallacious the submission that section 74(1) does not extend to or answer the question whether the document has ever been delivered, saying: ‘The section says that the document is to be deemed to have been duly executed … Continue reading D’Silva v Lister House Development Ltd: 1970
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
The parties were neighbours, with houses adjacent to a right of way. Slabs had been laid next to the houses forming a raised pavement. The respondents had sought to enclose their area of this raised pavement, building a porch. They now appealed an order requiring to remove what had already been built. Held: The pavement … Continue reading Minor v Groves: CA 20 Nov 1997
The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997
The court considered an assertion that a right of necessity was implied into a deed. Held: ‘In the present case the land conveyed was plainly intended to be used for building purposes, and of course it plainly needed access for building materials and for the occupants of the houses when constructed: yet there was the … Continue reading Nickerson v Barraclough (1): ChD 1980
Consideration is not required to support a statutory assignment of a debt under section 136 of the 1925 Act and the lack of consideration does not need to be made good by deed. Citations: [1942] 2 KB 1 Statutes: Law of Property Act 1925 8136 Cited by: Cited – Firstdale Ltd v Quinton ComC 5-Aug-2004 … Continue reading Holt v Heatherfield Trust: 1942
There was a covenant that the premises should not ‘be used for any art trade or business or profession whatsoever . . ‘ but should be ‘kept and used only for the purposes of the Grosvenor Housing Scheme as dwellings for the working classes . . ‘. Held: A term in a restrictive covenant was … Continue reading Westminster City Council v Duke of Westminster: ChD 1991
The rules of a pensions scheme were altered. It was required that any such alteration be in writing, but the trustees had not signed the document creating the amendment. Held: The words ‘writing under hand’ clearly required a signature, and the amendment was ineffective. No estoppel arose as against the members: ‘An avoidance of pedantry, … Continue reading Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006
The landlord had assigned the reversion of the lease. There was an outstanding dispute with the tenant defendant who owed arrears of rent, but sought to set these off against a claim for damages for the landlord’s failure to construct the factory in the first place. Held: The new landlord was not liable for the … Continue reading Edlington Properties Limited v J H Fenner and Co Limited: CA 22 Mar 2006
The rent review notice was sent by recorded delivery, and received and signed for at the demised premises. The lease incorporated the statutory presumption as to service in section 196(4) of the Law of Property Act 1925.
Held: The Court . .
