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Cases John McGhee

J Alston & Sons v BOCM Pauls Ltd (2008)

Judgment Date: 28 Nov 2008

In order to succeed in a claim for adverse possession, an intention to infringe the rights of the paper owner was unnecessary; the claimant's recognition that he might have to go if asked to do so was not inconsistent with the requisite intention to possess.

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Progress Property Co Ltd v Tradegro (UK) Ltd (2008)

Judgment Date: 05 Nov 2008

An indemnity notice seeking reimbursement of sums payable following repairs to leasehold property had been valid where there had been no requirement that the schedule of repairs ought to have been subjected to critical analysis in order to reduce it to a final proper figure at the indemnity stage. However, it was not appropriate to determine summarily whether a counter-indemnity notice was also sufficient and therefore valid, and that matter would remain to be determined at trial.

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Progress Property Co Ltd v Cornus Moore (2008)

Judgment Date: 15 Oct 2008

A company director had not been in breach of his fiduciary duty or his duty of skill and care in procuring the sale of shares in a group company and approving the price where he had intended the transaction to be at market value and the shareholders of the vendor company had assented to the transaction.

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Sunberry Properties Ltd v Innovate Logistics Ltd (In Administration) & 5 Ors (2008)

Judgment Date: 15 Jul 2008

It was appropriate to grant the landlord of a company in administration leave to commence proceedings for an order terminating an occupational licence of premises when the licence had been granted in breach of an alienation covenant contained in the lease for the premises.

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Alan Coleman v Ibstock Brick Ltd (2008)

Judgment Date: 14 Feb 2008

Brickshale and fireclay, in the wider sense of any brick making clay which had economic potential, were not within the expression "other... minerals" in an exception and reservation of minerals in a 1921 conveyance.

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Members
John McGhee QC

Practice areas
Real Estate

Barclays Bank PLC v Trevor Guy (2008)

Judgment Date: 16 Jan 2008

Where a former owner of a property alleged that the property had been fraudulently transferred to a party that had been registered as the proprietor, rectification of the land register would not be ordered against a subsequent chargee, as the chargee was entitled to take the register at face value.

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Members
John McGhee QC

Practice areas
Real Estate

Patel v Patel (2007)

Judgment Date: 18 Dec 2007

A debt owed by a former partner to another which accrued due on the former partner's death could not become an asset of a new partnership in the absence of an express agreement between the partners of the second partnership.

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Coors Holdings Ltd v Dow Properties Ltd (2007)

Judgment Date: 02 Mar 2007

The wording of a phrase in a rent review clause meant that the open market rental value to be determined on a rent review was the rental value of the demised premises disregarding the effect on the rent of there being a building on it.

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Members
John McGhee QC

Practice areas
Real Estate

Members
John McGhee QC

Practice areas
Commercial Disputes

Coors Holdings Ltd V Dow Properties Ltd (2006)

Judgment Date: 04 May 2006

The terms of a lease and the facts disclosed with clarity that, for rent review purposes, only the part of demised premises that consisted of a site excluding a building should be valued for determining the open market rental value of the demised premises.

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Members
John McGhee QC

Practice areas
Real Estate

Kilmartin SCI (Hulton House) Ltd v Safeway Stores (2006)

Judgment Date: 27 Jan 2006

The area to be included in the calculation of the net internal area of a building, as defined in the RICS Code of Measuring Practice, was the area that was capable of use for any sensible purpose in connection with the purposes for which the building was to be used.

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Clear Channel UK Ltd v Manchester City Council (2005)

Judgment Date: 09 Nov 2005

An agreement for the erection and maintenance of advertising displays on local authority land created a licence and not a tenancy, because the agreement between the parties did not sufficiently identify the land in respect of which a tenancy was said to have been created.

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Members
John McGhee QC

Practice areas
Real Estate

Midtown Ltd v City Of London Real Property Co Ltd (2005)

Judgment Date: 20 Jan 2005

A substantial diminution in the amount of natural light reaching an office building was an interference with rights to light constituting a nuisance even though all the rooms of the property were habitually lit by artificial light whenever they were used.

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Members
John McGhee QC

Practice areas
Real Estate

Clear Channel UK Ltd v Manchester City Council (2004)

Judgment Date: 14 Dec 2004

An agreement for the erection and use of advertising hoardings had been not intended to grant a tenancy of the land on which they were built to the company that had erected the hoardings.

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Wilkinson v West Bromwich Building Society (2004)

Judgment Date: 30 Jul 2004

For the purposes of the Limitation Act 1980 s.8, the date at which a building society's right to recover the shortfall of a mortgage advance from the mortgagors accrued was the date when the mortgagors defaulted in the monthly instalment payments.

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Jack Pennington & Ors v Harold Crampton Senior & Ors (2004)

Judgment Date: 17 Jun 2004

Where a commercial bargain had been made, equity would not intervene to relieve against forfeiture where a court had decreed specific performance.

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Pennington v Crampton (2004)

Judgment Date: 25 Mar 2004

The defendant (N) applied for an order that the claimant (H) should specifically perform his obligations contained in a schedule to a Tomlin order.

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Burford UK Properties Ltd v Forte Hotels (UK) Ltd (2003)

Judgment Date: 17 Dec 2003

A proviso to the rent review provisions in a lease did not create an independent obligation rendering the tenant liable for damages in case of breach.

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Tiffany Investments Ltd v Bircham & Co Nominees (No.2) Ltd

Judgment Date: 04 Dec 2003

Lessors were entitled to an equitable interest in a lease where assignees of a long lease contracted to sell the lease to a third party without first offering the lease to the lessors, as they were obligated to do under the lease. Section 17 Landlord and Tenant Act 1954 did not preclude the creation of that equitable interest.

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Members
John McGhee QC

Practice areas
Real Estate

Dryblend Ltd v Tesco Stores Ltd (2003)

Judgment Date: 21 Jul 2003

On a true construction of a lease, the "open market value" of assets of a business was the value of the assets as at the date of expiry of the lease.

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Members
John McGhee QC

Practice areas
Real Estate

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