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Goodman v Gallant: CA 30 Oct 1985

The court reviewed the conflicting authorities with regard to the creation of trusts and held that the overwhelming preponderance of authority was that, in the absence of any claim for rectification or rescission, provisions in a conveyance declaring that the plaintiff and the defendant were to hold the proceeds of sale of the property ‘upon … Continue reading Goodman v Gallant: CA 30 Oct 1985

Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 2008

Police Obligations to Witnesses is Limited A prosecution witness was murdered by the accused shortly before his trial. The parents of the deceased alleged that the failure of the police to protect their son was a breach of article 2. Held: The House was asked ‘If the police are alerted to a threat that D … Continue reading Hertfordshire Police v Van Colle; Smith v Chief Constable of Sussex Police: HL 30 Jul 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

Miller v Subhani: UTLC 30 Mar 2020

Restrictive Covenants – Discharge – Proposed Use of Field As A Farm Strip for Private Aircraft in close proximity to Sandown Airport – planning permission for construction of agricultural barn – whether to be used to hangar applicant’s aircraft – . .

Dobbin: LT 30 Aug 2006

LT RESTRICTIVE COVENANT – modification – building scheme – proposed bungalow – reasonable user – public interest – whether practical benefits secured – substantiality – effect of scheme – application refused – . .

Law v Jones: 1974

A ‘subject to contract’ document might be evidence of an antecedent or oral contract and satisfy section 40 of the Law of Property Act 1925 if the stipulation was later waived. A memorandum or note must, if it is to be effective, not only state the . .

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

Singh v Singh: 1985

A husband resisted his former wife’s claim under the section against his brother, her brother-in-law. He asserted, with a view to deceiving both his wife and the Court, that his brother, who held the fee of a house, did not hold any share . .

Trustee Solutions Ltd and others v Dubery and Another: ChD 21 Jun 2006

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

Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014

LRA A lease created by the owner of a rentcharge pursuant to section 121 of the Law of Property Act 1925 is not registrable as a lease at HM Land Registry but is a mortgage which can only be protected on the register by a notice at least where the rentcharge is to end in … Continue reading Roberts and Others v Keegan (Rentcharges : Nature and Extent): LRA 1 Oct 2014

Seymour Road (Southampton) Ltd v Williams and Others: ChD 29 Jan 2010

The claimant sought a declaration that restrictive covenants imposed in 1896 affecting its land were no longer effective. Held: The declaration was granted. Under the 1881 Act (as opposed to the 1925 Act) covenants were not automatically attached to the land. Here there was no implied or explicit annexation of the covenants. The covenants were … Continue reading Seymour Road (Southampton) Ltd v Williams and Others: ChD 29 Jan 2010

Fairclough Homes Ltd, Re: LT 8 Jun 2004

Application was made to vary a restrictive covenant: ‘ . . how the character of the area and the amenities would be affected by the modification of the restriction is not in my view to be judged by envisaging the worst that could be done without breaching the restriction and comparing it with what the … Continue reading Fairclough Homes Ltd, Re: LT 8 Jun 2004

Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004

The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land. Held: The defendant was entitled to exercise and did validly exercise the break clause. The purpose … Continue reading Harbour Estates Limited v HSBC Bank Plc: ChD 15 Jul 2004

Bakewell Management Ltd v Brandwood and Others: ChD 21 Mar 2002

The claimant sought a declaration that he had acquired an easement over land by driving over it, over several years. The land owner denied the easement, saying that section 193 made the claimant’s activity a crime, and that, following Hanning, criminal activity could not be used to found a claim of adverse possession. The claimant … Continue reading Bakewell Management Ltd v Brandwood and Others: ChD 21 Mar 2002

Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Briggs LJ [2014] EWCA Civ 183, [2014] PNLR 420 Bailii Trustee Act 1925 61 England and Wales Citing: Appeal from – Santander UK Plc v RA Legal Solicitors (A Firm) QBD 23-May-2013 The claimant bank said that it had been the subject of a mortgage fraud, and that the defendant solicitors had acted for the … Continue reading Santander UK Plc v RA Legal Solicitors: CA 24 Feb 2014

Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

UTLC RESTRICTIVE COVENANT – 1864 and 1881 restrictive covenants – use as private dwellinghouse only and imposition of building lines – uncontested breach as a doctor’s surgery – no breach of building lines – application to discharge 1864 covenant under ground (a) allowed in part – application to discharge remainder of 1864 covenant under ground … Continue reading Morningside (Leicester) Ltd Re 169 Narborough Road: UTLC 17 Feb 2014

Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Same Sex Paartner to Inherit as Family Member The claimant had lived with the original tenant in a stable and long standing homosexual relationship at the deceased’s flat. After the tenant’s death he sought a statutory tenancy as a spouse of the deceased. The Act had been extended to include as a spouse someone living … Continue reading Fitzpatrick v Sterling Housing Association Ltd: HL 28 Oct 1999

Simmons v British Steel plc: HL 29 Apr 2004

The claimant was injured at work as a consequence of the defender’s negligence. His injuries became more severe, and he came to suffer a disabling depression. Held: the Inner House had been wrong to characterise the Outer House decision as incorrect. Since the pursuer suffered physical injuries the starting point is that he was a … Continue reading Simmons v British Steel plc: HL 29 Apr 2004

White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

No damages for Psychiatric Harm Alone The House considered claims by police officers who had suffered psychiatric injury after tending the victims of the Hillsborough tragedy. Held: The general rules restricting the recovery of damages for pure psychiatric harm applied to the plaintiffs’ claims as employees. An employer has a duty to protect his employees … Continue reading White, Frost and others v Chief Constable of South Yorkshire and others: HL 3 Dec 1998

Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

The defendants sought to set aside orders allowing the claimants to serve proceedings alleging repudiation of a charterparty in turn allowing a claim against the defendants under a guarantee. The defendant said the guarantee was unenforceable under the 1677 Act not being in writing and signed. Held: There was no limit to the number of … Continue reading Golden Ocean Group Ltd v Salgaocar Mining Industries Pvt Ltd and Another: ComC 21 Jan 2011

Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd: 1996

The issue was the proper construction and effect of condition 6.8 of the Standard Conditions of Sale, 2nd edition, in relation to the giving of a notice to complete a contract for the sale of land. Held: The condition provided exclusively for the circumstances in which a notice to complete could be given in respect … Continue reading Country and Metropolitan Homes Surrey Ltd v Topclaim Ltd: 1996

Lloyds Bank plc v Rosset: HL 29 Mar 1990

The house had been bought during the marriage but in the husband’s sole name. The plaintiff’s charge secured the husband’s overdraft. The bank issued possession proceedings. Mr Rosset had left, but Mrs Rosset claimed, as against the bank an interest in it as the matrimonial home. She said there had been a common understanding or … Continue reading Lloyds Bank plc v Rosset: HL 29 Mar 1990

London Borough of Harrow v Qazi: HL 31 Jul 2003

The applicant had held a joint tenancy of the respondent. His partner gave notice and left, and the property was taken into possession. The claimant claimed restoration of his tenancy saying the order did not respect his right to a private life and home. Held: Article 8 does not, in terms, give a right to … Continue reading London Borough of Harrow v Qazi: HL 31 Jul 2003

Tiverton Estates Ltd v Wearwell Ltd: CA 1975

“Subject to Contract” not to be diluted ‘subject to contract’ proposals remain in negotiation until a formal contract is executed. Lord Denning MR said: ‘for over a hundred years, the courts have held that the effect of the words ‘subject to contract’ is that the matter remains in negotiation until a formal contract is executed’ … Continue reading Tiverton Estates Ltd v Wearwell Ltd: CA 1975

Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Ex turpi causa explained The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for what it said would have been an infringing trade, and pleaded ex … Continue reading Les Laboratoires Servier and Another v Apotex Inc and Others: SC 29 Oct 2014

Hand and Another v George: ChD 17 Mar 2017

Adopted grandchildren entitled to succession The court was asked whether the adopted children whose adopting father, the son of the testator, were grandchildren of the testator for the purposes of his will. Held: The claim succeeded. The defendants, the other beneficiaries were not entitled to inherit the part of their father’s estate that derived from … Continue reading Hand and Another v George: ChD 17 Mar 2017

Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980

Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020

Presumption of dedication dates back. The claimant tripped over a tree root raising a path in the park. The court was now asked whether the pathway through a public park, but which was not a public right of way, was maintainable at public expense as a highway governed by the 1980 Act. Held: As to … Continue reading Barlow v Wigan Metropolitan Borough Council: CA 1 Jun 2020

Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

UTLC RESTRICTIVE COVENANT – discharge or modification – former hospital – covenant relating to small part of hospital building and other land prohibiting erection of any buildings within 20 feet of adjoining footpath – application to discharge or to modify to permit erection of two flats as part of proposed refurbishment of entire hospital to … Continue reading Sheikh and Another Re: Part of Former Fletcher Hospital: UTLC 14 Apr 2011

Campbell and Another v Banks and Others: CA 1 Feb 2011

The court considered the creation by section 62 of the 1925 Act automatically of easements when land was divided. The claimants owned land bounded on either side by properties beloinging to the respondents. The properties had once been in common ownership. They asserted the existence of a bridleway easement along a track to the public … Continue reading Campbell and Another v Banks and Others: CA 1 Feb 2011

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent of its property rights. It was also argued that it was not possible to make a declaration of … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: CA 1 May 2020

Only Limited Ownership of pond fish BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or animals domitae naturae. Held: The appeal was … Continue reading Borwick Development Solutions Ltd v Clear Water Fisheries Ltd: CA 1 May 2020

Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Houses were built next to a common. Over many years the owners had driven over the common. The landowners appealed a decision that they could not acquire a right of way by prescription over the common because such use had been unlawful as a criminal offence under section 193 of the Law of Property Act … Continue reading Bakewell Management Limited v Brandwood and others: HL 1 Apr 2004

Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

The claimant, in a representative action complained that the works involved in the erection of the Canary Wharf tower constituted a nuisance in that the works created substantial clouds of dust and the building blocked her TV signals, so as to limit her enjoyment of her land. Held: The interference with TV reception by an … Continue reading Hunter and Others v Canary Wharf Ltd: HL 25 Apr 1997

Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018

Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

Appropriation was not in sufficient form The claimants had challenged an order supporting the decision of the Council to use their allotments for a new primary school, saying that the land had be appropriated as allotment land, and that therefore the consent of the minister was needed. Held: The appeal failed. The use of the … Continue reading Adamson, Regina (on The Application of) v Kirklees Metropolitan Borough Council: CA 18 Feb 2020

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

Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority: CA 23 Oct 2009

The claimant sought to recover the costs of damage to their centre following a riot, saying that under the 1886 Act, they were liable. It appealed against a ruling that they were unable to claim as a public authority, saying that the 1886 Act was not limited in the way suggested. Held: Though privately operated, … Continue reading Yarl’s Wood Immigration Ltd and Others v Bedfordshire Police Authority: CA 23 Oct 2009

Prudential Assurance Co Ltd v London Residuary Body and Others: HL 16 Jul 1992

The parties signed a memorandum of agreement to let a strip of land from 1930 until determined as provided, but the only provision was that the lease would continue until the land was needed for road widening and two months’ notice was given. The land was never used for road widening and notice to terminate … Continue reading Prudential Assurance Co Ltd v London Residuary Body and Others: HL 16 Jul 1992

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

Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

Limits to Police Exemption from Liability The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence. Held: Her appeal succeeded. It is normally only in a … Continue reading Robinson v Chief Constable of West Yorkshire Police: SC 8 Feb 2018

First Penthouse Limited/Channel Hotels and Properties (UK) Limited v Channel Hotels and Properties (UK) Limited/Fahad Al Tamimi First Penthouse Limited Varlet International Limited Ruth Gary Orbach Quallvile Limited Norval Holdings Limited: ChD 14 Nov 2003

Several transactions had taken place with regard to a lease of a roof void, which was to be developed for penthouses. The lease had been charged to secure funding. The development did not proceed to schedule, and a s146 notice was served. It was . .

Bedson v Bedson: CA 1965

The parties, a married couple disputed the shares in which the matrimonial home, formerly held by them as joint tenants would be held after severance o that joint tenancy.
Held: The wife was entitled to a half share in the property.