Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Land - From: 1998 To: 1998

This page lists 114 cases, and was prepared on 02 April 2018.

 
Jobson v Record [1998] 09 EG 148
1998
CA
Morritt, Simon Brown LJJ, Sir Brian Neil
Land
A right of way was granted for all purposes connected with the use and enjoyment of the dominant tenement as agricultural land. The dominant tenement was used for the purpose of storing timber felled on neighbouring land and the question was whether the right of way could be used for the purpose of removing that timber. Held: It could not. Morritt LJ said: "If the storage was a separate operation it was not an agricultural use of (the dominant tenement). If it was not an operation separate from the felling of the timber, then the use of the right of way for the removal of the timber felled at (the neighbouring tenement) was in substance for the accommodation of (the neighbouring tenement). Either way, the use of the right of way was not authorised by the terms of the grant."
1 Cites


 
Farah v Moody and Hazell Gazette, 21 January 1998; [1998] EWCA Civ 5
12 Jan 1998
CA

Contract, Land
Parts of 'subject to contract' correspondence could properly be given contractual force in order to give commercial effect to the arrangement between the parties.
[ Bailii ]
 
Regina v Wiltshire County Council, ex parte Lazard Brothers and Co Ltd and Another Times, 13 January 1998; [1997] EWHC Admin 1040
13 Jan 1998
QBD

Land
A resolution to designate a route before an order was itself judicially reviewable even though the Act provided a means of appeal.
Wildlife and Countryside Act 1981 53(2)
[ Bailii ]
 
Co-Operative Retail Services Ltd v Tesco Stores Ltd [1998] EWCA Civ 42; (1998) 76 P&CR 328
20 Jan 1998
CA

Land
A covenant against the use of land for "the purpose of food retailing" was not breached by the use of the land for associated landscaping without which immediately adjoining land could not have been used for food retailing.
1 Citers

[ Bailii ]
 
Thamesmead Town Ltd v Allotey Gazette, 21 January 1998; [1998] EWCA Civ 15; (1998) 30 HLR 1052
21 Jan 1998
CA
Peter Gibson LJ, Hobhouse and Butler-Sloss LJJ
Land
A successor in title to the original covenantor would not pay his share of the costs of repairing and maintaining sewers he used as appurtenant to his house. The covenantee in which the relevant housing estate was vested sued for their recovery. The defence was that as the defendant had not been a party to the original covenant he could not be liable for the sums claimed. That defence succeeded at first instance. Held: The appeal failed. The rule against enforcing the burden of positive covenant against the covenantor's successor in title was upheld but criticised. Peter Gibson LJ noted that there was an exception to the rule that the burden of a positive covenant does not run with the land in cases where the covenantor may not take the benefit of a transaction without undertaking the burden imposed by it, and stressed the need for a correlation between the burden and the benefit the successor in title has chosen to take and his ability to choose whether or not to take the benefit.
1 Citers

[ Bailii ]
 
Bettison and Another v Langton Penton and Another Times, 11 March 1999; [1998] EWCA Civ 51
22 Jan 1998
CA
Robert Walker LJ
Land
A common right of grazing which was quantified but not related to the ability of the land to sustain it was capable of existing in gross, and was therefore severable entirely from the land to which it related. The severance was no necessary prejudice to the land. Robert Walker LJ doubted "whether it is correct to imply that a profit of pasture appurtenant can never in any circumstances be acquired by prescription for a fixed number of animals, but that does not affect the basic point that prescription of a profit appurtenant must be by way of activities which accommodate the land to which it becomes appurtenant."
Law of Property Act 1925 187 - Commons Registration Act 1965
1 Citers

[ Bailii ]
 
Halifax Plc v Dharam Prakash Gopee and Kassiran Prakash Gopee [1998] EWCA Civ 64
26 Jan 1998
CA

Land

[ Bailii ]
 
Pearn v Mortgage Business Plc Gazette, 04 February 1998
4 Feb 1998
ChD

Land
Court will not allow order for sale of mortgaged property instead of repossession where very substantial expected shortfall.
Law of Property Act 1925 91

 
Faircharm Investments Ltd v Citibank International Plc [1998] EWCA Civ 171
6 Feb 1998
CA
Henry, Aldous LJJ,Sir Christopher Staughton
Land, Litigation Practice
An irregular judgment had been entered. A claim was made after the proceeds of a life policy secured under a mortgage had been wrongly paid out after the mortgage was redeemed by a third party. Held: The appeal was dismissed. The so-called default judgment should stand as a judgment for damages in the amount of the insurance proceeds, on the ground that Citibank destroyed - and therefore could not make available to Faircharm - their right to the surrender proceeds of the policy. It was too late for Faircharm to claim that they could have obtained a larger sum by sale of the policy.
1 Cites

[ Bailii ]
 
Regina v Norfolk County Council Ex Parte Thorpe Times, 09 February 1998
9 Feb 1998
QBD

Land, Local Government
When considering the need to provide a footpath by side of a new road, the Highway Authority may take into account its own financial constraints.
Highways Act 1980 66

 
Moss Bross Group Plc v Persons Unknown [1998] EWCA Civ 208
11 Feb 1998
CA
Potter LJ, May LJ
Land

[ Bailii ]
 
Lesquende Limited v The Planning and Environment Committee of the States of Jersey [1998] UKPC 4; [1998] 1 EGLR 137
11 Feb 1998
PC
Lord Browne-Wilkinson, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Clyde, Lord Hutton
Land
(Jersey) The land owner sought payment of his costs after a dispute as to the valuation of land acquired under compulsion by the States
[ Bailii ]
 
New Ash Green Village Association Limited v Bovis (New Ash Green) Limited [1998] EWCA Civ 228
12 Feb 1998
CA

Land, Contract

[ Bailii ]
 
P G Luck v K J Fairclough [1998] EWCA Civ 229
12 Feb 1998
CA

Land
Appeal against order in boundary dispute.
[ Bailii ]
 
Regina v Secretary of State for Environment ex parte Billson Times, 04 March 1998; [1998] EWHC Admin 189; [1999] QB 374; [1998] 3 WLR 1240
16 Feb 1998
Admn
Sullivan J
Land
A deed granting access to a common in accordance with the section included access by horseback as well as by foot. The court upheld the Inspector's decision that the 20-year user of the land relied upon by the applicant for the modification was not "as of right" because a revocable deed by the landowner's predecessor under section 193 of the Law of Property Act 1925 rendered the use as by way of licence. There was no need for evidence of communication to users of the way of an intention not to dedicate or for evidence of continuity of such intention throughout the 20-year period: "The authorities cited by Mr Laurence, Ex parte Blake [1984] JPL 101, Ex parte Cowell [1993] JPL 851, Ward's case, 70 P & CR 585 and O'Keefe's case do no more than establish the proposition that evidence of the landowner's intention must be overt and contemporaneous. Thus, it will not avail the landowner to assert after the event that he had no intention to dedicate, but he is not required to publicise his intention to users of the way.
The only dicta to the contrary are those of Denning LJ in Fairey … Mr Laurence accepts that they were obiter. In so far as they equate the evidence necessary to satisfy the proviso with the evidence necessary to bring home to the public that their right to use the way is being called into question, they go too far…
Implicit in Mr Laurence's submissions is the existence of a very fine line between acts that are sufficiently 'open and notorious' to be capable of bringing the landowner's intention not to dedicate to the attention of the public, and those which are not so open and notorious that they succeed in bringing the use of the way into question. His approach seems to me to leave little if any scope for the operation of the proviso. The landowner must not keep his intention locked in his own mind, but whether his acts are fairly described as overt or covert must be a question of fact for the inspector.
I do not accept Mr Laurence's submission that for the proviso to operate at all there must be evidence that there was no intention to dedicate for the whole of the 20-year period. Whilst 'that period' is a reference back to the 20-year period, 'during that period' is not to be equated with 'throughout that period'. Thus, if there is sufficient evidence that for say five or ten years during the 20-years' period a landowner who objected to riders or walkers across his land had no intention to dedicate, that would defeat a claim of dedication under section 31(1). I consider that such an approach is consistent with that adopted by Balcombe LJ in Ex parte Cowell … in respect of the effect of a section 31(3) notice which is not maintained throughout the whole of the relevant period. It is effective for the period during which it is maintained. If the evidence shows that there was no intention to dedicate for only a very short period during the 20 year period questions of de minimis may well arise. They would have to be resolved on the facts by the inspector hearing the evidence."
Law of Property Act 1925 193(1) - Wildlife and Countryside Act 1981 53(2)
1 Cites

1 Citers

[ Bailii ]

 
 Regina v Secretary of State for the Environment ex parte Stevens; QBD 20-Feb-1998 - Times, 20 February 1998
 
Rudra v Abbey National Plc and Stickley and Kent (Risk Management Unit) Limited [1998] EWCA Civ 361
26 Feb 1998
CA

Land, Contract
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 the mortgagee had the claim against it struck out under Order 14A. Held. Section 2 has introduced a new regime. Old authorities on Section 40 of the Law of Property Act 1925, and indeed Section 4 of the Statute of Frauds 1677, are not necessarily of much, if any, assistance in its interpretation. An application to strike out proceedings as an abuse of process is an even more summary procedure involving less consideration of the merits, although inevitably involving some consideration of the merits, than summary judgment given under Order 14 or Order 86. The claimant was not to be allowed to adduce further evidence given his delay, and his application to amend was struck out.
Law of Property (Miscellaneous Provisions) Act 1989 2 - Law of Property Act 1925 40
1 Cites

[ Bailii ]
 
K Howse and others v Secretary Or State for Defence [1998] EWCA Civ 393
4 Mar 1998
CA

Land
The applicant had sought removal of a fence erected near Greenham Common airbase. She sought leave to appeal an order refusing its removal. The land was a common. Held: The fence served a proper purpose, and there were insufficient grounds to expect any success on an appeal. Leave refused.
Law od Property Acy 1925 194(1)
[ Bailii ]

 
 English Property Corportation Plc v Royal Borough of Kingston Upon Thames; CA 5-Mar-1998 - [1998] EWCA Civ 399
 
Westley v Hertfordshire County Council Times, 05 March 1998
5 Mar 1998
QBD

Land
The natural overgrowing of a bridleway could not be said to make it in need of repair, but might still allow the requirement of its removal.
Highways Act 1980 56 130 143

 
Shevlin v Trafford Park Development Corporation Gazette, 11 March 1998
11 Mar 1998
LT

Land
LT Compensation on compulsory purchase of business land included loss on forced machinery sale, accountants fees and so on.
Land Compensation Act 1961

 
Franklin Mint Limited v Baxtergate Investment Company (In Administrative Receivership) Acting By Its Law of Property Act Receivers Ke Way and Pa Edwards (Sued As Baxtergate Investment Company Limited) [1998] EWCA Civ 442
12 Mar 1998
CA

Torts - Other, Land

[ Bailii ]
 
Pagenor Ltd v Ryan Gazette, 18 March 1998
18 Mar 1998
ChD

Land
A contract void for illegality was entirely void, and monies were repayable even though there had been part performance by way of possession of land.

 
Maes Finance Limited v Shivasunderam Shriskantharaja and Jeyanthy Shriskantharaja [1998] EWCA Civ 485
18 Mar 1998
CA

Land

[ Bailii ]
 
Bradford and Bingley Building Society v Latif [1998] EWCA Civ 490
19 Mar 1998
CA

Banking, Land
The applicant sought to re-open his earlier failed application for leave to appeal against failure of his defence that the Society, in selling his house after repossessing it, had failed to recover the best price.
[ Bailii ]
 
Halifax Building Society v Dharam Prakash Gopee Kassiran Prakash Gopee [1998] EWCA Civ 495
19 Mar 1998
CA

Land
The applicant had mortgaged his properety, and then let it in breach of a term of the mortgage without the lender's permission. The lender had obtained an order for possesion. The applicant though bankrupt sought leave to appeal against the order. Held: There was no merit in the new suggestion that the charge had not included such a provision.
[ Bailii ]
 
Yaxley v Gotts and Gotts [1998] EWCA Civ 512
20 Mar 1998
CA

Land
The defendants were granted leave to appeal out of time.
1 Cites

1 Citers

[ Bailii ]
 
Wintour Holdings Limited v Khan [1998] EWCA Civ 521
23 Mar 1998
CA
Sir Richard SCott VC, Schiemann LJ
Land
The claimant sought leave to appeal against a decision on a right of way over a passageway between the parties' properties. The defendant had since the trial found documents which suggested that he had in fact been the owner of the land over which the right was claimed. Held. Leave was refused. The document merely confirmed rights then existing and there was no evidence that such right had existed at the relevant time.
[ Bailii ]
 
Regina v Secretary of State for Environment and Staffordshire County Council ex parte Kenneth Albert Peter Jenkinson [1998] EWCA Civ 517
23 Mar 1998
CA

Land

[ Bailii ]
 
Margo Ann Freeguard v Royal Bank of Scotland Plc Gazette, 01 April 1998; [1998] EWCA Civ 519
23 Mar 1998
CA

Land
A priority as between equitable unregistered interests in land and which had been given by time, can be lost where the interest is positively hidden.
[ Bailii ]
 
Khazanchi and Another v Faircharm Investments Ltd and Others; Mcleod v Butterwick Times, 25 March 1998; Gazette, 29 April 1998
25 Mar 1998
CA

Land
Bailiffs and Sheriffs have no right of forcible re-entry into premises, after once taking walking possession, unless their deliberate exclusion by the debtor can be shown.

 
Ogilvie-Hardy v Jenks; Jenks; Scott; Scott; Hubbard and Hubbard [1998] EWCA Civ 542
26 Mar 1998
CA

Land

[ Bailii ]
 
First National Bank Plc v James Phillip and Another [1998] EWCA Civ 579
31 Mar 1998
CA

Land
Application for leave to appeal against possession order - mortgagee' action.
[ Bailii ]

 
 J A Pye (Oxford) Limited v Kingswood Borough Council; CA 6-Apr-1998 - Gazette, 16 April 1998; [1998] EWCA Civ 643; [1998] 2 EGLR 159; [2000] RVR 40
 
Katrina Howse v Newbury District Council [1998] EWCA Civ 655
7 Apr 1998
CA

Land
The claimant sought an order to prevent the respondent erecting a building on Greenham Common. The respondent had argued that the rights of common had been removed by conveyance and the land was not registered as a common. Held: "under no conceivable circumstances could Miss Howse establish that the building of the enterprise centre on the site where it is proposed to build it would interfere with any of the rights granted to her by the 1938 conveyance." The real burden of the complaint was as to the threat to the common as a whole. That threat arose independently and through earlier conveyances.
Law of Property Act 1925 194
[ Bailii ]
 
London Borough of Hillingdon v ARC Limited Gazette, 20 May 1998; Times, 04 May 1998; Gazette, 16 April 1998; [1999] Ch 139; [1998] EWCA Civ 657; [1998] 3 EGLR 18; [1999] BLGR 282; [1998] 3 WLR 754; [1998] RVR 242; [1998] 39 EG 202
7 Apr 1998
CA
Nourse, Potter, Mummery LJJ
Land, Limitation
The company sought compensation for land taken under compulsory purchase powers by the defendants several years before. It now appealed against the defeat of its claim as time-barred. Held: The appeal failed. The limitation period for a claim for a compensation payment runs from the date of the entry into possession of the land by the acquiring authority, even though compensation had not yet been set by the Lands Tribunal.
Potter LJ said that the answer to the question "When does a cause of action to recover a sum recoverable by virtue of any enactment accrue?" is to be found in the proper construction of the statute giving the right to recover.
Nourse LJ said: "it is established by authority that a cause of action for a sum recoverable by virtue of an enactment "accrues" notwithstanding that it remains to be quantified and, further, the quantification may have to be made by a tribunal other than a court of law."
Limitation Act 1980 9 - Compulsory Purchase Act 1965 11
1 Cites

1 Citers

[ Bailii ]
 
National and Provincial Building Society v Michael Boothe-Chambers [1998] EWCA Civ 659
7 Apr 1998
CA

Land

[ Bailii ]
 
Douglas Gafford v A H Graham and Grandco Securities Limited Gazette, 20 October 1999; Times, 01 May 1998; Gazette, 28 May 1998; [1998] EWCA Civ 666; [1998] 3 EGLR 75; [1999] 41 EG 159; [1999] 77 P&CR 73
8 Apr 1998
CA
Nourse LJ, Pill LJ, Thorpe LJ
Land, Damages
A land owner who was aware of his rights under a restrictive covenant, and who stood by whilst a riding school was erected in breach of the covenant, was not later to be allowed injunctive mandatory relief to enforce the covenant, by virtue of his acquiescence. The measure of damages questions involved in such cases is a matter of judgment which is incapable of strictly rational and logical exposition from beginning to end. The primary basis of assessment 'is to consider the sum that would have been arrived at in negotiations between the parties had each been making reasonable use of their respective bargaining positions without holding out for unreasonable amounts.' A claimant may lose his entitlement to claim damages if he has been guilty of such acquiescence as to make it in all the circumstances unconscionable for him to rely upon his legal right.
1 Cites

1 Citers

[ Bailii ]
 
First National Bank Plc v Ashok Krishna Wadhwani and Maya Wadhwani [1998] EWCA Civ 682
22 Apr 1998
CA

Land
Mortgagee's appeal against dismissal of possession claim.
[ Bailii ]
 
Wilkes v Coal Authority Gazette, 29 April 1998; [1998] EWCA Civ 698
23 Apr 1998
CA

Land, Damages
Claim for damage to surface by depression arising from fissure next to coal workings succeeded since once fault shown it fell on Coal Authority to show other cause than coal workings.
Coal Mining (Subsidence) Act 1957 1(1)
[ Bailii ]
 
Philip Andrew Green, Jennifer Ann Green v Dorothy Esther Wheatley (deceased), Alan Frederick Wheatley CA Civ 730
28 Apr 1998
CA
Swinton Thomas LJ, Potter Lj
Litigation Practice, Land, Limitation
The applicant sought leave out of time to appeal against a finding by the judge that neither of the two parties claiming title could establish any title. The applicant was acting in person, had had real and explained difficulties in finding documents, and the judge's decision clearly anticipated some further order. Nevertheless, such disputes regularly drive the parties to bankruptcy, and they should be encouraged to find a settlement.
1 Citers

[ Bailii ]
 
Shepshed Building Society v Yaswin Mulji Parmar Lilavati Yaswin Parmar [1998] EWCA Civ 756
30 Apr 1998
CA

Land
Application for leave to appeal against possession order in favour of mortgagee.
[ Bailii ]
 
Wildblood v Judah [1998] EWCA Civ 742
30 Apr 1998
CA

Land
Appeal from order in boundary dispute
[ Bailii ]
 
Hillman and Hillman v Rogers and Rogers Gazette, 07 May 1998; [1998] EWCA Civ 746
30 Apr 1998
CA

Land
A court order can properly be recalled to correct an error before it had been perfected. This appeal was rejected also as attempt to re-litigate the interpretation of a section in the appeal judgement.
Law of Property Act 1925 62
1 Cites

1 Citers

[ Bailii ]
 
Halifax Plc v Ashmore [1998] EWCA Civ 740
30 Apr 1998
CA

Land

[ Bailii ]
 
Regina v Wakefield Metropolitan District Council ex parte Nicholas Bulmer [1998] EWHC Admin 481
1 May 1998
Admn

Local Government, Land

[ Bailii ]
 
Secretary of State for Defence and Another v Percy Times, 11 May 1998
11 May 1998
ChD

Land
An owner of land had the right to prevent access to land in order to remove notices even where it was guilty of abuse of statutory power by posting notices which it knew to be under ultra vires regulations. Protesters had sought to enter land to remove notices they believed were deliberately misleading.

 
Prudential Assurance Company Ltd v Waterloo Real Estate Inc Times, 13 May 1998
13 May 1998
ChD

Land, Limitation
The owner of a party wall who had allowed a neighbour exclusive use of it without objection for a period over twelve years, could lose his interest in the wall by the adverse possession of that neighbour.
1 Cites

1 Citers



 
 Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co; CA 21-May-1998 - Gazette, 28 May 1998; Gazette, 24 June 1998; Times, 15 June 1998; [1998] EWCA Civ 868; [1998] 3 All ER 213; [1999] QB 309
 
Halifax Building Society and Judy Campbell-Lebens [1998] EWCA Civ 901
4 Jun 1998
CA

Land

1 Cites

[ Bailii ]

 
 Parry v Secretary of State for Environment and Shropshire County Council; Admn 8-Jun-1998 - [1998] EWHC Admin 615
 
Adam Blaker v Samuel McSpadden [1998] EWCA Civ 962
11 Jun 1998
CA

Land, Litigation Practice, Housing

[ Bailii ]
 
Malcolm Harris and Peter Anderson v Hana Dagmar Habanec [1998] EWCA Civ 970
11 Jun 1998
CA

Insolvency, land

[ Bailii ]

 
 Secretary of State for Environment v Fletcher Estates (Harlescott) Limited and Secretary of State for Environment v Newell; Longmore and Longmore (the Executors of J V Longmore); CA 11-Jun-1998 - Gazette, 15 July 1998; Times, 01 July 1998; Gazette, 17 June 1998; [1998] EWCA Civ 976; 1999] QB 1144
 
Urban Wesson v Walsall Metropolitan Borough Council [1998] EWCA Civ 977
11 Jun 1998
CA

Land

[ Bailii ]
 
Wildtree Hotels Ltd And Others v London Borough of Harrow Gazette, 08 July 1998; Gazette, 17 June 1998; Times, 22 June 1998; [1998] EWCA Civ 978
11 Jun 1998
CA

Land, Damages
Temporary, if damaging disturbance which fell short of actual damage to a neighbour's land and which was caused by works executed on land which had been purchased compulsorily, was not normally claimable and not by the owner of only a temporary interest.
Land Compensation Act 1961 10
1 Cites

1 Citers

[ Bailii ]
 
Greenwich Healthcare National Health Service Trust v London and Quadrant Housing Trust and Others Times, 11 June 1998; Gazette, 03 June 1998; [1998] 1 WLR 1749; [1998] 3 All ER 437
11 Jun 1998
ChD

Land
The plaintiff had acquired land to build a hospital, which would require re-alignment of a link road, over which the defendants had rights of way. The land was also subject to a restrictive covenant in favour of the defendants. The defendants did not object, and the re-alignment of the right of way would improve the safety and convenience of access to the public highway. The plaintiffs wanted to protect themselves against possible objections in the future to re-alignment of the right of way or change of use of the land, and applied for declarations that the defendants would not be entitled to an injunction to restrain the proposed re-alignment, and that their rights if any would be limited to an award of damages for interference with the right of way or compensation for breach of the restrictive covenant. The application was unopposed save for one of the defendants, who sought only to preserve a possible right to compensation, and with whom a formula for that purpose was agreed. Held: There was no right in law to re-align the right of way, but in the circumstances it was appropriate to grant the declaration. The fact that there was no reasonable objection to the re-alignment, that the defendants had had notice and made no objection, and that the re-alignment was necessary to achieve "an object of substantial public and local importance and value" in the provision of new hospital were relevant: "In short the law is sufficiently adaptable and responsive to the needs of litigants in proper cases… to grant declarations which are necessary to dispel uncertainties and remove obstacles to progress and to legitimate activities."
1 Cites

1 Citers


 
Bibby v Marguerite Stirling [1998] EWCA Civ 994
12 Jun 1998
CA

Land, Limitation

[ Bailii ]
 
South Buckinghamshire District Council v Secretary of State for Environment and Berkeley Homes Limited [1998] EWHC Admin 656
22 Jun 1998
Admn

Land

[ Bailii ]
 
Gardener and others v Edward Lewis [1998] UKPC 26
22 Jun 1998
PC

Land, Commonwealth
(Jamaica)
[ Bailii ]
 
Jones v Peter Bryan Gospel Gospel John Walton White Third [1998] EWCA Civ 1095
25 Jun 1998
CA

Housing, Land

[ Bailii ]
 
Kenneth Albert Clarke; Marie Elizabeth Clarke v Victor L Oates and Maliga Deri Oates [1998] EWCA Civ 1121
1 Jul 1998
CA

Land
Boundary Dispute
1 Cites

[ Bailii ]
 
Regina v Leeds City Council ex parte Maloney and Others [1998] EWHC Admin 705
3 Jul 1998
Admn
Scott Baker J
Land, Local Government
The claimant traveller sought leave to bring judicial review proceedings of a decision of the respondent local authority to seek possession of land occupied by them, the authority not having considered its humantarian duties to the claimant.
[ Bailii ]
 
John Harrison v Rail Property Limited [1998] EWCA Civ 1196
10 Jul 1998
CA

Land

[ Bailii ]

 
 Gardner and Gardner v Davis and others; CA 15-Jul-1998 - Gazette, 22 July 1998; [1998] EWCA Civ 1213
 
In the Matter of University of Westminster 1998] 3 All ER 1014; [1998] EWCA Civ 1215
15 Jul 1998
CA
Swinton Thomas, Waller, Chadwick LJJ
Land
Appeal, by way of case stated, from a decision of the Lands Tribunal refusing to order the discharge of certain restrictions affecting land of which the appellant, the University of Westminster, is the freehold owner.
Law of Property Act 1925 84(1)
[ Bailii ]
 
Pole and Cutsem v A H Peake (Male) and Caroline Mary Peake [1998] EWCA Civ 1229
17 Jul 1998
CA

Land
The defendants owned land over which the plaintiffs owned shooting and other sporting rights. When the plaintiffs licenced those rights to others the defendants objected and prevented access. They appealed a finding that they had infringed the rights, saying that the extent of enjoyment now claimed was unreasonable. Held: The rights granted were widely stated and included rearing birds.
1 Cites

[ Bailii ]
 
Midland Bank Plc v Saha [1998] EWCA Civ 1240
20 Jul 1998
CA

Land
Application for stay and leave to appeal against mortgage possession order.
[ Bailii ]
 
London Borough of Bromley v Jeremy Daniel Morritt [1998] EWCA Civ 1239
20 Jul 1998
CA

Land, Limitation
The defendant sought an extension of time to apply for leave to appeal. He had been ordered to remove a wall which the claimant said enclosed what was part of the highway, and which the defendant said he had acquired by adverse possession. Held: It was arguable that a mandatory injunction should not have been granted and leave was given.
1 Cites

1 Citers

[ Bailii ]
 
Pole and Another v Peake and Another Times, 22 July 1998
22 Jul 1998
CA

Land
Where land had been sold subject to a reservation back of sporting rights those rights were not limited to reasonable amount or so as not to allow interference with normal agricultural activities. Nor damage claimable from escaping game birds.

 
Clift and Another v Welsh Office Gazette, 23 September 1998; Times, 24 August 1998; [1998] EWCA Civ 1273; [1999] 1 WLR 796
23 Jul 1998
CA
Beldam and Ward LJJ and Sir Christopher Slade
Land, Damages
Whilst it was settled law that no compensation was payable for temporary disturbance to neighbouring land by building works on land compulsorily purchased, as soon as that disturbance came to produce physical damage, compensation became payable.
Compulsory Purchase Act 1965 10
1 Cites

1 Citers

[ Bailii ]
 
Dr and Saha v Ivor Lilley [1998] EWCA Civ 1297
27 Jul 1998
CA

Land
Boundary dispute.
[ Bailii ]
 
RJB Mining (Uk) Limited v J W Hambleton and M J Hambleton [1998] EWCA Civ 1304
27 Jul 1998
CA

Land, Landlord and Tenant, Agriculture

[ Bailii ]
 
Heene Court Mansions Limited v Martin Knight [1998] EWCA Civ 1312
28 Jul 1998
CA

Land

1 Cites

[ Bailii ]
 
William Jones v Preece and Another, Agar, Hennah, Watkins, Harman, Miles, Lloyds Bank Plc [1998] EWCA Civ 1334
29 Jul 1998
CA

Land
Appeal against mortgage possession order.
[ Bailii ]
 
Crabtree v Secretary of State for Wales City and County of Swansea [1998] EWHC Admin 807
30 Jul 1998
Admn
Hidden J
Land
Appeal against footpath modification orders.
[ Bailii ]

 
 McMorris v Claude Brown and others; PC 30-Jul-1998 - Times, 29 August 1998; [1998] UKPC 34; [1999] 1 AC 142

 
 Maltbridge Island Management Company v Secretary of State for Environment and Hertfordshire County Council; Admn 31-Jul-1998 - [1998] EWHC Admin 820
 
Stefan Hanny and Another v Roy Lewis and Others [1998] NSWSC 385; 1893/98; (1998) BPR 97
27 Aug 1998


Commonwealth, Land
(Supreme Court of New South Wales)
[ Austilii ]

 
 In Re University of Westminster; CA 3-Sep-1998 - Gazette, 03 September 1998
 
West Bromwich Building Society v Anthony Richard Winnicott [1998] EWCA Civ 1445
18 Sep 1998
CA

Land

[ Bailii ]
 
Mayor and Burgesses of London Borough of Bromley v Nagle etc [1998] EWCA Civ 1444
18 Sep 1998
CA

Land

[ Bailii ]
 
National Westminster Bank Plc v Gaskin and Gaskin [1998] EWCA Civ 1449
22 Sep 1998
CA

Land
Application for leave to appeal against mortgage possession order.
[ Bailii ]
 
Elizabeth Wheeler Lee v John Edward Parsons [1998] EWCA Civ 1488
6 Oct 1998
CA

Land

[ Bailii ]
 
Rosling, Rosling, Hammerwood Estates Limited, Neale and Roberts (As Trustees of the Wealden Pension Fund) John Edward Hardwick Sewell Catherine Elain Sewell v Pinnegar [1998] EWCA Civ 1510; (1998) 54 P&CR 124
9 Oct 1998
CA

Land
When asked to interpret the permitted extent of use of a right of way, the court may assist the parties by working out for them some guidelines as to what would be a reasonable user rather than simply making a general injunction forbidding excessive use.
1 Citers

[ Bailii ]
 
Halifax Building Society Plc v Dharam Prakash Gopee [1998] EWCA Civ 1511
9 Oct 1998
CA

Land
The applicant had charged his property to the predecessor of the now mortgagee. He had let the property in breach of the conditions. He sought leave to appeal against possession order saying that the mortgagee was bound by an estoppel created by the previous lender whose manager had known of the intention to let, and consented to it. He said the judge had failed to allow that the chargee had given consideration for thet re-assurance. Held: There were no grounds for interfering with the judge's order. Leave refused.
[ Bailii ]
 
Regina v Secretary of State for Environment ex parte North Yorkshire County Council [1998] EWHC Admin 962
14 Oct 1998
Admn
Latham J
Land
Appeal against refusal to designate land as a public highway.
[ Bailii ]

 
 Rogers and Rogers v Freeguard and Freeguard; CA 19-Oct-1998 - Times, 22 October 1998; Gazette, 25 November 1998; [1998] EWCA Civ 1572; [1999] 1 WLR 375
 
Kissel v Rowland Leonard Cawthorn Rodgers [1998] EWCA Civ 1575
21 Oct 1998
CA

Land
Application for leave to appeal - boundary dispute.
[ Bailii ]
 
Woolwich Building Society v Edward Cecil Cummings [1998] EWCA Civ 1599
22 Oct 1998
CA

Land
Appeal against possession order for house under mortgage.
[ Bailii ]
 
Regina v London Borough of Hillingdon ex parte McDonagh Times, 09 November 1998; [1998] EWHC Admin 1015
28 Oct 1998
Admn

Land, Litigation Practice, Housing
A Local Authority seeking possession under CCR Ord. 24 of land which was occupied by gypsies, had no duty to make enquiries about their housing status. The Department of Environment circular stated only what was good practice, not what was the necessary practice.
County Court Rules 1981 Order 24 - Gipsy Sites and Unauthorised Camping (Department of Environment 18/24)
[ Bailii ]
 
Inacinha Hawkins v Citibank International Plc Paul Nigel Robert Nathan [1998] EWCA Civ 1647
30 Oct 1998
CA

Land
The defendant appealed against an order for the sale of her property charged to the plaintiff.
[ Bailii ]
 
Richard David Lewis Showan and Sheila Anne Showan v Elizabeth Rosemary Yapp and Messrs Glanvilles Damant (a Firm) [1998] EWCA Civ 1668
3 Nov 1998
CA

Trusts, Land, Professional Negligence

[ Bailii ]
 
Fairmile Portfolio Management Ltd v Davies Arnold Cooper (A Firm) Times, 04 November 1998
4 Nov 1998
ChD

Land
Where land had been charged to a bank to secure partnership borrowings, and partners were described as 'borrowers' and chargors as 'mortgagor', a non-partner chargor was not under an implied obligation himself to repay the borrowings.

 
Trident International Limited v Barlow; Hughes and Goodman (the Joint Administrators of Hamlet International Plc and of Jeffrey Rogers (Imports) Limited) [1998] EWCA Civ 1701
5 Nov 1998
CA

Land
Application for leave to appeal.
1 Citers

[ Bailii ]
 
National Westminster Bank Plc v Powell and Another [1998] EWCA Civ 1715
6 Nov 1998
CA

Land

[ Bailii ]

 
 Hess v Horncastle Properties Limited Wa Horncastle (Builders) Limited; CA 6-Nov-1998 - [1998] EWCA Civ 1720
 
Saffron Walden Herts and Essex Building Society v Arnold Charles Bunbury [1998] EWCA Civ 1746
11 Nov 1998
CA

Land
Application for leave to appeal against possession order under charge.
[ Bailii ]
 
Lloyds Bank Plc v Beynon Edwin Cedric Darley and Susan Darley [1998] EWCA Civ 1769
13 Nov 1998
CA

Banking, Land
Appeal against bank's possession order.
[ Bailii ]
 
Lloyds Bank Plc v Jeffrey Lampert, Vanessa Lampert [1998] EWCA Civ 1840
25 Nov 1998
CA

Land, Banking
Appeal against mortgage possession order.
[ Bailii ]

 
 Lowson v Coombes; CA 26-Nov-1998 - Times, 02 December 1998; Gazette, 03 June 1999; [1998] EWCA Civ 1849; [1999] 2 WLR 720; [1999] 1 FLR 799; [1999] Fam Law 91; [1999] Ch 373; [1999] 2 FCR 731
 
Charles Gerrard Rimmer v Pearson [1998] EWCA Civ 1847
26 Nov 1998
CA

Land
Boundary dispute.
[ Bailii ]
 
P A R Hamilton v T E Weston [1998] EWCA Civ 1857
26 Nov 1998
CA

Land
Renewed application for leave to appeal - boundary dispute.
[ Bailii ]

 
 Ratcliff v G R McConnell and E W Jones; CA 30-Nov-1998 - Times, 03 December 1998; [1999] 1 WLR 670
 
Vekaria v Dabasia (Nee Patel); Walji Naran Patel; and; Dabasia; Patel; Vekaria; Patel and Chesham Properties [1998] EWCA Civ 1880
1 Dec 1998
CA
Lord Wool MR
Trusts, Land

[ Bailii ]
 
Habib Bank Limited v Ahmed [1998] EWCA Civ 1902
3 Dec 1998
CA

Land
Application for leave to appeal - mortgagee possession action.
[ Bailii ]
 
Townley Wells Limited v Mary Bharier [1998] EWCA Civ 1924
7 Dec 1998
CA

Land, Litigation Practice

[ Bailii ]
 
McKay Securities Ltd v Surrey County Council [1998] All ER (D) 703
9 Dec 1998
ChD
Peter G Whiteman QC J
Land
Where a grant of a right of way is 'for all purposes' its use will not be limited by the purposes for which the dominant land was used at the date of the grant. The very general expression was to be given its ordinary unvarnished meaning, as a formula for the grant of a right of way without any limitation on purpose.
1 Citers


 
Stephen Peckham and Sarah Peckham v George E Ellison and Margaret Ellison Gazette, 26 November 1998; [1998] EWCA Civ 1861
10 Dec 1998
CA

Land
A right of way could be implied where facts not reasonably consistent with any other explanation. This is tighter than the 'Officious Bystander Test.' Here there had been inconsistent grants and reservations of rights on sales off of council houses.
[ Bailii ]

 
 Axis West Developments Ltd v Chartwell Land Investments Ltd; HL 15-Dec-1998 - [1998] UKHL 48

 
 National Trust v Secretary of State for Environment; Admn 17-Dec-1998 - [1998] EWHC Admin 1142; [1999] JPL 697; [1998] NPC 166; [1999] COD 235
 
Governor and Company of Bank of Scotland v Bennett and Another [1998] EWCA Civ 1965; [1999] 1 FLR 1115
21 Dec 1998
CA
Lord Justice Auld, Lord Justice Chadwick, Sir Christopher Staughton
Banking, Land, Undue Influence
The bank appealed an order setting aside a deed of guarantee and mortgage and denying the possession order sought. The guarantee had been given to support borrowings of the defendant's company. The defendant was the wife of the director and had been reluctant to sign, and claimed she had not been given independent advice. The bank appealed saying that notwithstanding the defeat of the guarantee, the charge remained binding. The judge found the husband's undue influence on the wife in respect of both the charge and the guarantee. Held: The bank could not be fixed with notice of the wife's reluctance to execute the charge, since independent solicitors were instructed. The bank were not put on enquiry by the circumstances to suggest that she may have been acting under her husband's undue influence. The bank's appeal was upheld.
1 Cites

1 Citers

[ Bailii ]
 
Pierce and Another v The Coal Authority LCA/2/1998
31 Dec 1998
LT

Land



 
 Giovanni F Crisa Another v Highways Agency; LT 31-Dec-1998 - ACQ/132/1998
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.