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Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Appeal against order made in landlord and tenant possession proceedings. The tenant said that the judge had approached the case unfairly, and in particular had rejected out of hand the tenants assertion of a document as a lease. Held: The criticisms of the judge had some weight. As to whether the document created a lease: … Continue reading Fitzkriston Llp v Panayi and others: CA 12 Feb 2008

Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005

The claimant sought rectification of the land register. In a development deal, an option agreement had not been registered, and the land sold on. The land was required to allow the building of a roundabout necessary for the intended store. An application had been made for registration of the option, but requisitions had not been … Continue reading Sainsbury’s Supermarkets Ltd v Olympia Homes Limited, Hughes etc: ChD 17 Jun 2005

Yeates and Another v Line and Another: ChD 12 Nov 2012

Appeal from rejection of claim to registered land by adverse possession. Judges: Prosser QC HHJ Citations: [2012] EWHC 3085 (Ch), [2013] 1 Ch 363, [2013] 2 WLR 844, [2012] WLR(D) 319, [2012] 47 EG 126, [2013] 1 P and CR 22, [2013] 2 All ER 84 Links: Bailii Statutes: Land Registration Act 2002 11 Jurisdiction: … Continue reading Yeates and Another v Line and Another: ChD 12 Nov 2012

Swan Housing Association Ltd v Gill: QBD 7 Nov 2012

The claimant sought orders restraining certain uses of its property by a former tenant, the defendant. The defendant sought to register a title by adverse possession. Held: The defendant was not restricted from making such a claim by virtue of the existence of anti-social behaviour injunction proceedings. Judges: Eady J Citations: [2012] EWHC 3129 (QB), … Continue reading Swan Housing Association Ltd v Gill: QBD 7 Nov 2012

Ali v Lane and Another: CA 21 Nov 2006

The parties disputed the boundary between their neighbouring plots of land. Held: In the modern law the conveyance (parchment or not) is undoubtedly the starting point. Where information contained in the conveyance is unclear or ambiguous, it is permissible to have regard to extrinsic evidence, including, possibly, evidence of subsequent conduct, subject always to that … Continue reading Ali v Lane and Another: CA 21 Nov 2006

Cattermol v Jordan and Others: UTLC 27 Apr 2022

LAND REGISTRATION – BOUNDARY DISPUTES – application for a determined boundary, section 60 of the Land Registration Act 2002 – evidence – decision made on a basis not put to the parties – weight to be given to expert evidence Citations: [2022] UKUT 113 (LC) Links: Bailii Statutes: Land Registration Act 2002 60 Jurisdiction: England … Continue reading Cattermol v Jordan and Others: UTLC 27 Apr 2022

Cyril Baker Properties Ltd v Tyler Properties Ltd: LRA 31 Mar 2016

LRA Alteration of the register – Land Registration Act 2002 Schedule 4 paragraph 5 – Sale pursuant to an order for sale obtained following default judgment – default judgment set aside but order for sale not set aside or appealed Citations: [2016] EWLandRA 2014 – 0645 Links: Bailii Jurisdiction: England and Wales Registered Land Updated: … Continue reading Cyril Baker Properties Ltd v Tyler Properties Ltd: LRA 31 Mar 2016

Price, Price v Bartlett-Ward, Petrides, Saunders, Ward: FTTPC 2 Jul 2018

The disputed land, which had been unregistered until 2010 but was admittedly within the paper title which the Respondents first registered in 2010, comprised a steep bank down from a lawn to a field. It had been enclosed within the Applicant lawn owners’ land since 1980 at least. It was so enclosed by a scrappy … Continue reading Price, Price v Bartlett-Ward, Petrides, Saunders, Ward: FTTPC 2 Jul 2018

Various Mortgagors v Various Mortgagees and Others: ChD 19 Nov 2010

Land owners had entered into sale and rentback agreements. The buyers had taken out loans to complete the purchasers, but had then defaulted, having misrepresented the nature of the agreements to their lenders and the sellers. The lenders now brought possession actions. Held: The court made the orders for possession following determination of three preliminary … Continue reading Various Mortgagors v Various Mortgagees and Others: ChD 19 Nov 2010

Best, Regina (on The Application of) v The Secretary of State for Justice: CA 21 Jan 2015

The court was asked whether an application for a person to be registered under the 2002 Act as the proprietor of a registered estate in land by reason of a period of adverse possession is valid, where part of the relevant period of possession consisted of the occupation of a residential building in circumstances constituting … Continue reading Best, Regina (on The Application of) v The Secretary of State for Justice: CA 21 Jan 2015

Derbyshire County Council v Fallon and Another: ChD 11 Jun 2007

The council appealed against a finding of the Deputy Adjudicator of the Land Registry refusing to alter the filed plan of the defendant’s title. Christopher Nugee QC approved the statement of the deputy adjudicator Mr Michael Mark described a change on the filed plan as producing ‘another general boundary in a more accurate position than … Continue reading Derbyshire County Council v Fallon and Another: ChD 11 Jun 2007

Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017

UTLC LANDLORD AND TENANT – covenants — Commonhold and Leasehold Reform Act 2002 s.168(4) — alleged breach of covenant against parting with possession without consent — completion of sale of flat by execution of transfer of registered underlease and payment of price — assignee not yet registered as proprietor at Land Registry — whether a … Continue reading Reiner and Another v Triplark Ltd: UTLC 6 Jan 2017

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

Skelwith (Leisure) Ltd and Another v Armstrong and Others: ChD 8 Oct 2015

The claimants challenged the validity of land contracts made between the parties. The applications were to have matters disposed of summarily in their favour, raise issues as to, among other things, the interpretation of the Land Registration Act 2002 and the remedies available to mortgagees. Newey J [2015] EWHC 2830 (Ch) Bailii Land Registration Act … Continue reading Skelwith (Leisure) Ltd and Another v Armstrong and Others: ChD 8 Oct 2015

Tsoukkas v Southwark Council (Adverse Possession): LRA 21 Sep 2012

LRA Issues – adverse possession – Sch 12 para 18 Land Registration Act 2002 – whether the Applicant squatter’s belief that he had a right of way over the Respondent’s land deprived him of an intention to possess – whether he had acknowledged the Respondent’s title [2012] EWLandRA 2012 – 0049 Bailii Registered Land Updated: … Continue reading Tsoukkas v Southwark Council (Adverse Possession): LRA 21 Sep 2012

Haigh and Another v Sturman (Boundary Dispute : Interpretation of Words of Conveyance): LRA 25 Nov 2013

LRA General boundaries – Filed Plan – Construction of pre-registration conveyance- Boundary agreement – Adverse possession – Land Registration Act 1925 section 75 – Land Registration Act 2002 Schedule 6 [2013] EWLandRA 2012 – 1130 Bailii Land Registration Act 1925 75, Land Registration Act 2002 England and Wales Registered Land Updated: 30 December 2021; Ref: … Continue reading Haigh and Another v Sturman (Boundary Dispute : Interpretation of Words of Conveyance): LRA 25 Nov 2013

Tomlinson and Another v Foster (Adverse Possession : Equitable Estoppel): LRA 20 Dec 2012

LRA Adverse possession – Schedule 6 of the Land Registration Act 2002 – factual possession – intention to possess – tree planting – paragraph 5 conditions – estoppel – unconscionable conduct – reasonable belief in ownership [2012] EWLandRA 2011 – 1049 Bailii Land Registration Act 2002 Registered Land Updated: 30 December 2021; Ref: scu.546241

Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014

LRA Easements and Profits A Prendre : Interruption – shooting rights – profit a prendre in gross – grant of leasehold interest of profit for 80 years- application on a first registration to register profit – substantive registration of overriding interest – whether discontinuous lease for less than 7 years – right to buy back … Continue reading Vision Engineering Ltd v Romilt Ltd: LRA 21 Feb 2014

Roberts and Others v Keegan: LRA 3 Mar 2014

LRA Rentcharges : Nature and Extent : Rectification or Setting Aside of Documents : Scope of Jurisdiction – Rentcharges – grant of lease over rentcharge to trustees to enforce payments due under a rentcharge – equitable status of lease pending registration – proof of title to rentcharge – proof of sums due and owing – … Continue reading Roberts and Others v Keegan: LRA 3 Mar 2014

Steven John Baxter v Stephen James Hudson and Belinda Maria Hudson (Adverse Possession): LRA 5 Feb 2009

LRA Schedule 6 to Land Registration Act 2002 – Mr Baxter registered with possessory title – whether register can altered under Schedule 4 – Chief Land Registrar ordered to alter register – Right of Way – whether squatter can acquire prescriptive right of way – Chief Land Registrar ordered to cancel application [2009] EWLandRA 2007 … Continue reading Steven John Baxter v Stephen James Hudson and Belinda Maria Hudson (Adverse Possession): LRA 5 Feb 2009

Wells v Pilling Parish Council: ChD 6 Mar 2008

The Council had sought rectification of the land registers granting possessory title to Mr Wells to land at the foreshore at Morecambe Bay, which he held on behalf of English Nature it being designated as a site of Special Scientific Interest. The Council had not itself asserted any proprietary interest in the land. The court … Continue reading Wells v Pilling Parish Council: ChD 6 Mar 2008

Zarb and Another v Parry and Another: CA 15 Nov 2011

The parties disputed the position of the boundary between their neighbouring properties. The appellant Z had succeeded in establishing that the the boundary was as they decribed on paper, but the respondents had succeeded in their claim for adverse posession. The appellants said that the occupation having been by consent, it could not be counted … Continue reading Zarb and Another v Parry and Another: CA 15 Nov 2011

The Free Grammar School of John Lyon (The Keepers and Governors of The Possessions, Revenues and Goods of) v Helman: CA 22 Jan 2014

The tenant under the long lease became bankrupt. His receiver served a notice seeking to enfranchise the lease. Held: The notice had been ineffective. Arden, Rimer LJJ, Sir David Keene [2014] EWCA Civ 17, [2014] WLR (D) 20 Bailii, WLRD Leasehold Reform Act 1967 1(1), Land Registration Act 2002 306 England and Wales Landlord and … Continue reading The Free Grammar School of John Lyon (The Keepers and Governors of The Possessions, Revenues and Goods of) v Helman: CA 22 Jan 2014

Assethold Ltd v 7 Sunny Gardens Road Rtm Company Ltd: UTLC 16 Oct 2013

UTLC LANDLORD AND TENANT – right to manage – death of qualifying tenant and intending member of RTM Company before formation of company – whether deceased tenant still qualifying tenant when claim to acquire RTM made – effect of failure to give notice of invitation to participate and notice of claim to personal representatives or … Continue reading Assethold Ltd v 7 Sunny Gardens Road Rtm Company Ltd: UTLC 16 Oct 2013

Khan, Shah, Ali, Ashraf v Khan, Mohammed, Khalil, Hanif: LRA 27 Jan 2011

LRA Practice and Procedure : Preliminary Issues – Applications to alter the proprietorship register – dispute as to the properly appointed trustees of a charity – one party directed to commence court proceedings under section 110(1) of the Land Registration Act 2002 – proceedings struck out for failure to obtain consent of the Charity Commission … Continue reading Khan, Shah, Ali, Ashraf v Khan, Mohammed, Khalil, Hanif: LRA 27 Jan 2011

Kent County Council v Fremlin: LRA 14 Jan 2011

Charges and Charging Orders : Charges Imposed Pursuant To Statute – Where an objection is made to the Chief Land Registrar under section73 of the Land Registration Act 2002 by somebody who would not be an appropriate party in respect of the dispute if there were court proceedings, the Adjudicator has a discretion how to … Continue reading Kent County Council v Fremlin: LRA 14 Jan 2011

Osborne, Osborne v Lawton, Noyes, Sandford-Fawcett ): LRA 8 Mar 2011

LRA Adverse possession under paragraph 5(4) of Schedule 6 to the Land Registration Act 2002. Disputed land fenced in as part of the garden of the house being bought by the Applicants. Reasonableness of Applicants’ belief that the disputed land was part of the property which they bought. [2011] EWLandRA 2010 – 1066 Bailii Land … Continue reading Osborne, Osborne v Lawton, Noyes, Sandford-Fawcett ): LRA 8 Mar 2011

Davies v John Wood Property Plc: LRA 16 Feb 2010

LRA Application for adverse possession made under Schedule 6 but determined also on the basis that the Applicant had acquired a possessory title prior to the coming into force of the Land Registration Act 2002 and prior to the first registration of any title to the land. On facts, the Respondent is found to be … Continue reading Davies v John Wood Property Plc: LRA 16 Feb 2010

Steven John Baxter v Thomas Francis Mannion (Alteration and Rectification of The Register : Correcting A Mistake): LRA 22 Feb 2011

LRA Schedule 6 to Land Registration Act 2002 – Mr Baxter registered with possessory title – whether register can altered under Schedule 4 – Chief Land Registrar ordered to alter register – Right of Way – whether squatter can acquire prescriptive right of way – Chief Land Registrar ordered to cancel application [2011] EWLandRA 2008 … Continue reading Steven John Baxter v Thomas Francis Mannion (Alteration and Rectification of The Register : Correcting A Mistake): LRA 22 Feb 2011

Stewart v Lancashire Mortgage Corporation Ltd: LRA 19 Aug 2010

LRA Alteration and Rectification of The Register : Discretion of The Registrar and of The Adjudicator – alteration of the register – fraud – ‘correcting a mistake’ – fraudulent transfer and then charge – Schedule 4 paragraph 5(1)(a) of the Land Registration Act 2002-whether the decision in Barclays Bank v Guy is to be preferred … Continue reading Stewart v Lancashire Mortgage Corporation Ltd: LRA 19 Aug 2010

The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009

LRA Beneficial Interests, Trusts and Restrictions : Restrictions Where No Beneficial Interest Dismemberment of the Socialist Federal Republic of Yugoslavia; entry of restrictions; lex situs; private domestic law of England and Wales; occupation of property by a member of the Serbian diplomatic mission; principle of justiciability; ‘sufficient interest’; ‘right or claim’; Agreement on Succession Issues … Continue reading The Republic of Croatia v The Republic of Serbia: LRA 2 Jul 2009

National Westminster Bank Plc v Derek Anthony Taylor (Charges and Charging Orders : Other): LRA 27 Oct 2009

LRA A general consent by the proprietor for the time being of a registered charge to the creation of leases of flats in a building being converted into flats is not a consent to the future grant of a particular lease to a particular person for a particular premium and thus is not sufficient for … Continue reading National Westminster Bank Plc v Derek Anthony Taylor (Charges and Charging Orders : Other): LRA 27 Oct 2009

Gupta, Gupta v Stewart: LRA 7 Aug 2007

LRA Rectification or Setting Aside of Documents : Grounds for Rectification – Application pursuant to Section 108(2) of the Land Registration Act 2002 for the rectification of a Contract and Transfer to correct an alleged mistake. [2007] EWLandRA 2006 – 0012 Bailii Land Registration Act 2002 108(2) England and Wales Registered Land Updated: 25 November … Continue reading Gupta, Gupta v Stewart: LRA 7 Aug 2007

Link Lending Ltd v Bustard: CA 23 Apr 2010

The respondent had been detained in a secure mental unit for a year. In that time her home was charged to the appellant. She asserted that she had been a person in actual occupation. The chargee now appealed against a finding that the respondent had been such a person. She had been taken advantage of … Continue reading Link Lending Ltd v Bustard: CA 23 Apr 2010

Bean and Another v Katz and Another: UTTC 6 Apr 2016

An appeal from a decision made in the Land Registration Division of the First-tier Tribunal on the Appellants’ application for a determined boundary under section 60 of the Land Registration Act 2002. Held: If the FTT regards the boundary sought as partly correct, it may direct the registrar to give effect to it to that … Continue reading Bean and Another v Katz and Another: UTTC 6 Apr 2016

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

Witt v Woodhead: UTLC 18 Nov 2020

No determined Boundary – Court Findings Enough Land Registration – Boundary Disputes – Construction of Conveyance – Straight Line Boundary – usefulness of computer-generated lines – party wall – fence postsHeld: ‘It should be borne in mind that a carefully-drawn conveyance plan showing a straight boundary may not depict a perfectly straight line on the … Continue reading Witt v Woodhead: UTLC 18 Nov 2020

Wheatley, Smith As Executors of Henry Thomas Cadbury-Brown v King: LRA 30 Nov 2011

LRA Estoppel – Exercise of options – whether defect waived – ‘The Kanchenjunga’ [1990] Lloyds Law Reports 391 – Peyman v Lanjani [1985] 1 Ch 457, HIH Casualty and General Insurance Ltd v AXA Corporate Solutions [2002] EWCA Civ 153, Forrest and Sons Ltd v CGU Insurance Plc [2006] Lloyds Rep 113, Persimmon Homes v … Continue reading Wheatley, Smith As Executors of Henry Thomas Cadbury-Brown v King: LRA 30 Nov 2011

Lowe and Another v William Davis Ltd: UTTC 26 Jun 2018

FTT’s jurisdiction to locate boundary Land Registration – Location of Boundary- Land registration – Land Registration Act 2002, section 60 – Land Registration Rules 2003, rules 118 – 120 – application to First-tier Tribunal for determination of exact line of boundary – First-tier Tribunal holding that application plan inaccurate and directing Chief Land Registrar to … Continue reading Lowe and Another v William Davis Ltd: UTTC 26 Jun 2018

Phillips and Others v Vaughan: LRA 4 Mar 2016

LRA Application to close registered title by documentary title owners/ first registration of possessory title based on adverse possession/ Whether factual and mental elements of adverse possession established/ Whether the occupation was with consent/ Whether witness statements made by their apparent author/ whether a witness offered an inducement to give evidence/ Whether a further adjournment … Continue reading Phillips and Others v Vaughan: LRA 4 Mar 2016

Ghai and Others v Maymask (228) Ltd: UTLC 26 Oct 2020

Land Registration – Alteration and Rectification – whether purchaser entitled to rely on transfer executed by director during receivership – whether receivers discharged before execution of transfer – section 26, Land Registration Act 2002 – appeal dismissed [2020] UKUT 293 (LC) Bailii England and Wales Registered Land Updated: 02 November 2021; Ref: scu.655167

J A Pye (Oxford) Ltd v The United Kingdom: ECHR 30 Aug 2007

UK Advers Possession Law – Not Compliant The claimant had said that the UK law which allowed it to lose land by virtue of twelve year’s occupation by a squatter, interfered with its right to ownership of property. Held: The UK law on adverse possession did comply with the Convention. The limitation period of twelve … Continue reading J A Pye (Oxford) Ltd v The United Kingdom: ECHR 30 Aug 2007

Walker and Another v Burton and Another: CA 14 Oct 2013

The Burtons had purchased the former Hall of the village of Ireby, and been registered as proprietors of the Lordhsip of the Manor. The villagers had successfully challenged the registration. The Court now considered the circumstances in which the corrective power may be exercised in the case of the mistaken registration under the 2002 Act … Continue reading Walker and Another v Burton and Another: CA 14 Oct 2013

Gold Harp Properties Ltd v Macleod and Others: CA 29 Jul 2014

The company appealed against an order re-instating to the register leases which the company said it had forfeited for non-payment of rent. After the forfeiture, the landlord had granted new leases. It appealed saying that exceptional circumstances existed to justify the non-rectification, and that the judge had erred in giving the revived leases priority. Held: … Continue reading Gold Harp Properties Ltd v Macleod and Others: CA 29 Jul 2014

Poulton v Ministry of Justice: CA 22 Apr 2010

The claimant was trustee in bankruptcy but the court failed to register the bankruptcy petition at the Land Registry as a pending action. The bankrupt was therefore able to sell her land, and the trustee did not recover the proceeds. The trustee sought to recover from the defendant who was responsible for the court service. … Continue reading Poulton v Ministry of Justice: CA 22 Apr 2010

Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

The appellant challenged a sale and rent back transaction. He said that the proposed purchaser had misrepresented the transaction to them. The Court was asked s whether the home owners had interests whose priority was protected by virtue of section 29(2)(a)(ii) of, and Schedule 3, paragraph 2, to the Land Registration Act 2002. Held: The … Continue reading Scott v Southern Pacific Mortgages Ltd and Others: SC 22 Oct 2014

Silkstone and Another v Tatnall: ChD 2 Jul 2010

The court was asked whether a Land Registry Adjudicator could refuse to accept a party’s withdrawal from the adjudication. The parties had disputed a right of way. The claimant wanted to add a claim under the 1925 Act, but after this was refused, he had sought to withdraw leaving open a right to pursue a … Continue reading Silkstone and Another v Tatnall: ChD 2 Jul 2010

Jayasinghe v Liyanage: ChD 18 Feb 2010

The claimant appealed against cancellation of his application for a restriction against the defendant’s registered title. The adjudicator had found that the claimant’s assertion of an interest in the land was a fiction. Held: The appeal failed. The adjudicator’s task was not limited as suggested. Briggs J said: ‘what has to be referred to the … Continue reading Jayasinghe v Liyanage: ChD 18 Feb 2010

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

Ketteman v Hansel Properties Ltd: HL 1987

Houses were built on defective foundations. The purchasers sued the builders and later the architects who designed them. The defendants argued that the houses were doomed from the start so that the cause of action accrued, not when the physical damage to the houses occurred, but when the plaintiffs became the owners of the houses … Continue reading Ketteman v Hansel Properties Ltd: HL 1987

Michalak v General Medical Council and Others: SC 1 Nov 2017

Dr M had successfully challenged her dismissal and recovered damages for unfair dismissal and race discrimination. In the interim, Her employer HA had reported the dismissal to the respondent who continued their proceedings despite the decision in her favour. The GMC now said that the availability of judicial review excluded her right to commence proceedings … Continue reading Michalak v General Medical Council and Others: SC 1 Nov 2017

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995

(Brunei) The defendants were a one-man company, BLT, and the one man, Mr Tan. A dishonest third party to a breach of trust was liable to make good a resulting loss even though he had received no trust property. The test of knowledge was an objective one: ”knowingly’ was better avoided as a defining ingredient … Continue reading Royal Brunei Airlines SDN BHD v Tan: PC 24 May 1995

Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

The OFT had considered whether it was necessary to refer a merger between two companies to the Competition Commission, and decided against. The Competition Appeal Tribunal held that the proposed merger should have been referred. The OFT and parties appealed. Held: The Tribunal had misdirected itself as to one test. The statutory test required the … Continue reading Office of Fair Trading and others v IBA Health Limited: CA 19 Feb 2004

Paragon Finance Plc v Pender and Another: CA 27 Jun 2005

The defendants had purchased their property from the local authority with the support of a loan from the claimants. The defendants fell into arrears but now sought to resist possession on the basis that the claimant, in securitising their portfolio of mortgages, had lost the right to possession. The assignments had been left uncompleted. Held: … Continue reading Paragon Finance Plc v Pender and Another: CA 27 Jun 2005

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

The claimants sought to amend their claim which had previously been on the basis of a joint ownership, to one of sole ownership. Held: The application for the amendment being made more han two years after the grant, the amendment could not be allowed. s.37(5) bars the making of a new claim out of time. … Continue reading Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and others: CA 31 Jul 2006

A and Another v Essex County Council: CA 17 Dec 2003

The claimant sought damages. The respondent had acted as an adoption agency but had failed to disclose all relevant information about the child. Held: Any such duty extended only during the period where the child was with the prospective adopters pending their decision on adoption. Hale LJ: ‘Whenever the question of a common law duty … Continue reading A and Another v Essex County Council: CA 17 Dec 2003

Modahl v British Athletic Federation Limited: CA 28 Jul 1997

Lord Woolf MR said: ‘The question of whether a complaint about the conduct of a disciplinary committee gives rise to a remedy in public law or private law or is often difficult to determine. However the complaint in both cases would be based on an allegation of unfairness. While in some situations public and private … Continue reading Modahl v British Athletic Federation Limited: CA 28 Jul 1997

Urban Manor Limited v Sadiq: CA 20 Feb 1997

Appeal by prospective purchaser of property from order that contract rescinded, and deposit forfeited. Judges: Morritt LJ Citations: Gazette 26-Mar-1997, Times 21-Mar-1997, [1997] EWCA Civ 1062, [1997] 1 WLR 1016 Links: Bailii Statutes: Land Registration Act 1925 110 Jurisdiction: England and Wales Citing: Cited – McCausland and Another v Duncan Lawrie Ltd and Another CA … Continue reading Urban Manor Limited v Sadiq: CA 20 Feb 1997

Khan v General Pharmaceutical Council: SC 14 Dec 2016

The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension. Held: The different appeals of both the GPC and the practitioner were allowed. The review committee’s powers were set out within the … Continue reading Khan v General Pharmaceutical Council: SC 14 Dec 2016

Special Effects Ltd v L’Oreal Sa and Another: CA 12 Jan 2007

The defendants had opposed the grant of the trade mark which they were now accused of infringing. The claimants said that having failed at the opposition stage, they were now estopped from challenging the validity of the mark. Held: It was not an abuse of process for L’Oreal to raise by way of defence or … Continue reading Special Effects Ltd v L’Oreal Sa and Another: CA 12 Jan 2007

Bowden and Another v Lancashire County Council: CA 18 Jun 1994

The council had made an ex parte application to the magistrates to cancel the appellant’s registration as a child minder. Held: The court affirmed the order setting aside the magistrates decision. The circumstances which the council put before the justices did not constitute an emergency sufficient to justify a summary order without notice under section … Continue reading Bowden and Another v Lancashire County Council: CA 18 Jun 1994

Martine v South East Kent Health Authority: CA 22 Mar 1993

The authority applied ex parte under the 1984 to the magistrate for the revocation of the plaitiff’s nursing home licence. It was supported by a written statement of the reasons for making the order made by the health authority’s chief nursing officer. The order cancelling the registration was made by the magistrate and the nursing … Continue reading Martine v South East Kent Health Authority: CA 22 Mar 1993

Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012

‘application by the CPS for permission to appeal against . . orders made . . in the Central Criminal Court on 8 May 2012. I use the expression ‘in form’ because as will appear there are issues as to the jurisdiction of the court. The case raises important questions as to the right of a … Continue reading Crown Prosecution Service v The Eastenders Group and Another: CACD 23 Nov 2012

Driver and Vehicle Licensing Agency (Central Government): ICO 2 Jun 2021

The complainant has requested correspondence between the Driver and Vehicle Licensing Agency (DVLA) and the Information Commissioner’s Office (ICO) from 2019 to 13 March 2020 regarding its release of data under the Road Vehicles (Registration and Licensing) Regulations 2002. The complainant also requested any legal advice regarding that regulation from the five years prior to … Continue reading Driver and Vehicle Licensing Agency (Central Government): ICO 2 Jun 2021

L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009

The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009

Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005

The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief. Held: The scheme failed. The restriction imposed did not infringe the right of establishment under European law since the company was not restricted from setting up business. It … Continue reading Foulser and Another v HM Inspector of Taxes: ChD 20 Dec 2005

Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003

Applications for trade marks on behalf of the claimant had been rejected. Acquired distinctiveness was a significant issue, and the question of whether the appeal was a review or a rehearing was significant. In this appeal, the parties had given oral evidence, and the Registrar contended that any further appeal to the High court should … Continue reading Dyson Limited v The Registrar of Trade Marks: ChD 15 May 2003