Relief from forfeiture was available against a landlord who had peaceably re-entered property subject to a tenancy without a court order. Such a landlord was still ‘proceeding’ to enforce his rights of forfeiture until he obtained a judgment for . .
The parties owned properties part of a building estate. The properties had been held under leases, but those had been enfranchised. The question was as to how the easements granted by the leases were preserved on enfranchisement. A particular . .
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
The claimant had paid money for a property, but the seller was a fraudster and no money or title was recovered. The claimant sued both his conveyancers and the solicitors who had acted for the fraudster, in each case innocently. The defendants each . .
LT RESTRICTIVE COVENANT – discharge or modification – dwellinghouse – covenant not to erect more than one dwellinghouse and garage – application to modify or discharge to permit retention of existing house and . .
The landlord sought to forfeit the lease for breach of a repairing covenant. The mortgagee had gone into possession, and having received the s146 notice, had served a counter-notice under the 1938 Act. The mortgagee having assigned the lease to the . .
References: (1937) 57 CLR 666, [1937] HCA 52 Links: Austlii Coram: Dixon J, Latham CJ Ratio: (High Court of Australia) Cases of mutual wills are only one example of a wider category of cases, for example secret trusts, in which a court of equity will intervene to impose a constructive trust. Latham CJ described a … Continue reading Birmingham v Renfrew; 11 Jun 1937
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
References: Gazette 20-Nov-1996, Times 20-Nov-1996, [1996] EWCA Civ 780, [1997] 1 WLR 1558 Links: Bailii The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, … Continue reading Cheltenham and Gloucester Building Society v Aaron Krausz and Rebecca Krausz: CA 22 Oct 1996
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