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Cases Andrew Walker

M Ransom v Revenue & Customs Commissioners (SpC708) (2008)

Judgment Date: 29 Aug 2008

A taxpayer was found, on the balance of probabilities, to have filed an amendment to a tax return on time by delivering it by hand.

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Homan v Fraser (2004)

Judgment Date: 13 Jul 2007



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(1) Stephen L Pitts (2) Yue Wang v Earl Cadogan : Earl Cadogan v Atlantic Telecasters Ltd (2007)

Judgment Date: 21 May 2007

For the purposes of a leasehold enfranchisement valuation under the Leasehold Reform Act 1967 s.9, hope value could not, as a matter of law, be included as an element in the valuation of the landlord's interest.

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Members
Andrew Walker QC

Practice areas
Real Estate

Pitts v Earl Cadogan (No. 1)

Judgment Date: 16 May 2007



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Members
Andrew Walker QC

Practice areas
Real Estate

Arbib v Earl Cadogan

Judgment Date: 15 Sep 2005

The court determined the appropriate level of deferment rate to be applied, in the circumstances, when calculating the price payable on enfranchisement or for an extended lease for houses or flats in central London.

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Members
Andrew Walker QC

Practice areas
Real Estate

Shah & Ors v Shah

Judgment Date: 11 Mar 2005

The claimants had not established that the defendant had agreed to transfer half of his shareholding to another.

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Green v Alexander Johnson (A Firm) (2004)

Judgment Date: 26 May 2004

Property, and not on the basis of a vacant possession valuation (which would have produced a higher figure, and so a lower damages award). The Court of Appeal dismissed appeals by both parties.

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Shirayama Shokusan Company Ltd v Danovo Ltd (No 2) (2004)

Judgment Date: 26 Feb 2004

Following Blackburne J's earlier order for compulsory mediation, a representative of the Claimants (Mr Okamoto), whose attendance the Judge had earlier described as "essential", refused to attend the mediation, and the 1st to 5th Claimants sought to attend the mediation through a solicitor instead. The Defendant was unhappy with this approach, and applied for directions: in particular, for an order staying the proceedings until the conclusion of a mediation attended by identified representatives of the Claimants and of the Defendants, including Mr Okamoto.

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Members
Andrew Walker QC

Practice areas
Real Estate

Shirayama Shokusan Company Ltd v Danovo Ltd

Judgment Date: 05 Dec 2003

The First to Fifth Claimants were the freehold and head leasehold owners of County Hall, London. The Sixth Claimant was underlessee of part of the first floor. The Defendant (operator of the Saatchi Gallery) was sub-underlessee of part of the Sixth Claimant's premises. Disputes arose as to the Defendant's rights in respect of various parts of the first floor and common areas of the County Hall. The Claimants brought proceedings and sought summary judgment. The Defendant counterclaimed.

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Members
Andrew Walker QC

Practice areas
Real Estate

Michael Slattery v Moore Stephens (A Firm) (2003)

Judgment Date: 31 Jul 2003

Tax accountants were negligent in failing to advise a client who was resident, but not ordinarily resident, in the UK for tax purposes of the obvious tax mitigation solution of having his employment earnings paid into a Channel Island bank account.

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Re: Daimler Chrysler AG Securities Litigation: Tracinda Corporation & Ors

Judgment Date: 28 Feb 2003

Application under the Evidence (Proceedings in Other Jurisdictions) Act 1975

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Ezekiel v Fraser (2002)

Judgment Date: 04 Oct 2002

The hearing was an appeal from a decision of Master Moncaster, giving summary judgment in favour of the Claimants. The key issue on the appeal was which of successive bare possessors of land was entitled to possession as against the other. The Claimants (who had been there first) relied only upon their claim to have title by virtue of prior possession - their alternative case based upon an alleged beneficial ownership of the land (which was registered) was not pursued at the summary judgment stage. The Defendants (who had entered later) relied on the factual circumstances as having given them what the law regards as lawful possession.

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Members
Andrew Walker QC

Practice areas
Real Estate

BHP Petroleum Great Britain Ltd v Chesterfield Properties Ltd (2001)

Judgment Date: 30 Nov 2001

Covenants by a landlord that were expressed to be "personal" to that landlord were not "landlord covenants" and could not, therefore, be released by notice served under s.8 Landlord and Tenant (Covenants) Act 1995. * Leave to appeal to the House of Lords refused.

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Members
Andrew Walker QC

Practice areas
Real Estate

Bojang Meftah v Lloyds TSB Bank PLC (2001)

Judgment Date: 22 Mar 2001

The claimant alleged sale at an undervalue of a drag racing track by a bank, which had taken over at the last minute from its receivers. The nature of the business was unusual, and the sale effected quickly and in circumstances which the Claimant alleged called into question whether it was at a proper value.

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Bent v High Cliff Developments Ltd

Judgment Date: 06 Aug 1999

Whilst the court was content to declare that proposed works did not constitute "structural alterations" to the subject property, it declined to declare that the same works did not constitute alterations to its external appearance: this could only be judged once the works were completed.

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Members
Andrew Walker QC

Practice areas
Real Estate

Melbury Road Properties 1995 Ltd v Kreidi

Judgment Date: 27 Jul 1999

The Defendant had sought to obtain an extension to his lease under the Leasehold Reform, Housing and Urban Development Act 1993. He had served a notice of claim, but the reversion had since been assigned by the reversioner on whom the notice had been served. The land was registered land, and no entry had been made in the register in relation to the notice. The Defendant sought to assert that the notice was still binding on the reversioner's successor, on various grounds (including under a constructive trust).

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Members
Andrew Walker QC

Practice areas
Real Estate

Courage Ltd v Crehan; Walker Cain Ltd v McCaughey

Judgment Date: 27 May 1999

Preliminary questions referred to the ECJ: whether Community law conferred on the tenant of licensed premises the right as against his landlord not to be subjected to a beer tie which, together with other such ties, infringed Art.85 EC Treaty, and assuming that the tenant had been damaged by actions taken under the agreement by the landlord, whether the national court was obliged as a matter of Community law to award damages to the injured party, notwithstanding their own rules as to the enforceability of illegal agreements as between the parties to them. * Leave to appeal to the House of Lords refused.

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Members
Andrew Walker QC

Practice areas
Real Estate

Platform Home Loans Ltd v Oyston Shipways Ltd (1999)

Judgment Date: 18 Feb 1999

The application of s.1(1) Law Reform (Contributory Negligence) Act 1945 to cases of professional negligence in the context of the principles laid down by the House of Lords in South Australia Asset Management Corp v York Montague Ltd (1996) 3 WLR 87 and Nykredit Mortgage Bank plc v Edward Erdman Group Ltd (No.2) (1997) 1 WLR 1627 where there had been contributory negligence on the part of the lender.

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Electricity Supply Nominees Ltd v The National Magazine Company Ltd (1998)

Judgment Date: 12 Aug 1998

Rack rents provided some evidence of the value of fully enjoyed occupation. Expert evidence would be admissible to prove the value of the occupation.

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