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Cases John McGhee

Pennington v Waine (No.2) (2003)

Judgment Date: 03 Jul 2003

The registration of shares in the name of a deceased shareholder's executors had not been a transfer that enabled existing shareholders to invoke a right of pre-emption contained in a specifically adopted provision in a company's articles of association.

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Pennington v Harold Crampton & Ors (2003)

Judgment Date: 03 Jul 2003

The registration of shares in the name of a deceased shareholder's executors had not been a transfer that enabled existing shareholders to invoke a right of pre-emption contained in a specifically adopted provision in a company's articles of association.

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Actionstrength Ltd v International Glass Engineering SpA (2003)

Judgment Date: 03 Apr 2003

Promise of payment by employer to pay subcontractor; Whether a guarantee within meaning of s4 Statute of Frauds; Whether employer estopped from relying on requirement of writing.

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Members
John McGhee QC

Practice areas
Commercial Disputes

Tiffany Investments Ltd, Coral Chantry v Bircham & Co Nominees (No 2) Ltd & Ors (2003)

Judgment Date: 07 Feb 2003

Lessees who contracted to assign the remainder of their lease to the claimants were in breach of a pre-emption clause in the lease in favour of the lessors who accordingly acquired an equitable interest in the lease, ahead of the claimants, that was not avoided by s.17 Landlord and Tenant Act 1954.

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Members
John McGhee QC

Practice areas
Real Estate

North East Lincolnshire BC v Millenium Park (Grimsby) Ltd (2002)

Judgment Date: 23 Oct 2002

In making an order for specific performance on an application for summary judgment, the judge had erred in finding that there was no evidence of impossibility to perform.

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Bryant Homes Northern Ltd v David Thompson (2002)

Judgment Date: 25 Jul 2002

Where a caution against dealings was registered in accordance with the proviso to s.54(1) Land Registration Act 1925, it was inappropriate to enquire whether the Land Registrar had given a valid or proper consent to the registration. The fact of registration was sufficient proof of his consent.

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Members
John McGhee QC

Practice areas
Real Estate

Hurst v Crampton Bros (Coopers) Ltd (2002)

Judgment Date: 12 Jun 2002

Transfer of shares effective in equity though not registered in name of transferee; Whether pre-emption rights of other shareholders under articles of association of company triggered notwithstanding that legal title to shares not transferred.

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Millhouse Gloucester Ltd v Millhouse Land Developments Ltd (2002)

Judgment Date: 28 May 2002

Payments made by the first claimant to the first defendant under a failed development agreement were not recoverable as advance payments of future remuneration, but were irrecoverable introduction fees. The second defendant had no defence to a claim by the remaining claimants for specific performance of a share sale agreement.

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Jack Pennington v Philip Waine (2002)

Judgment Date: 04 Mar 2002

An apparently incomplete gift was to be treated as completely constituted if, in the eyes of equity, it would be unconscionable to allow the donor to change his or her mind. An equitable assignment of shares by way of gift by the mere execution of a share transfer form, without its delivery to the donee or the company, was therefore valid in the present case since it would have been unconscionable for the donor to recall the gift.

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Mobil Oil Co Ltd v Birmingham City Council (2001)

Judgment Date: 02 Nov 2001

Rent Review. Whether tenant's adjoining freehold premises had implied easement over leasehold land or whether leasehold land had special value for providing access.

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Members
John McGhee QC

Practice areas
Real Estate

Jack Midwood v Anthony & Vanessa Morgan (2001)

Judgment Date: 25 Oct 2001

On its true construction, a right of pre-emption in favour of the defendants as "transferee" was exercisable only while they both remained beneficial owners of the property transferred to them. The right was lost by the execution of a deed of gift whereby one of the defendants disposed of all his interest in the property in favour of the other.

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Actionstrength Ltd v International Glass Engineering, Saint-Gobain Glass UK Ltd (2001)

Judgment Date: 10 Oct 2001

Appeal by the second defendant ('SGG') from an order of Mitting J on 30 July 2001 by which he dismissed its application under CPR Part 24 for summary judgment against the claimant ('Actionstrength').

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Members
John McGhee QC

Practice areas
Commercial Disputes

Robert Barrett & Ors v Robert Morgan (2000)

Judgment Date: 27 Jan 2000

A notice to quit served by a landlord by pre-arrangement with the headtenant, and on the common understanding or agreement that the headtenant would not serve a counternotice, was effective at common law to determine both the headtenancy and any subtenancy held under it, and was not tantamount to a surrender.

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Grupo Torras SA v Sheikh Fahad Mohammed Al-Sabah

Judgment Date: 24 Jun 1999

Claims made on the basis of conspiracy, dishonest assistance, breach of director's duty, money had and received and knowing receipt in relation to alleged fraud on company controlled by Kuwaiti Investment Office.

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Next PLC v National Farmers Union (1997)

Judgment Date: 12 Dec 1997

Whether consent given to assignment of lease by correspondence marked "subject to licence"

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Members
John McGhee QC

Practice areas
Real Estate

Riddington v Electricity Association (1997)

Judgment Date: 20 Mar 1997

Whether plaintiff member of Electrical Association for Women pension scheme was entitled to supplementary pension from successors of the Electricity Council.

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Members
John McGhee QC

Practice areas

Legal & General Mortgages Services Ltd v HPC Professional Services (1997)

Judgment Date: 20 Feb 1997

Negligence claim by lender against valuer

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Bankers Trust Company v Amir Namdar & Ors (1997)

Judgment Date: 14 Feb 1997

Mortgage on matrimonial home discharged by mortgagee producing a bank guarantee and following it up with a charge bearing forged signatures. Whether bank could claim right of subrogation or mortgagee's refinancing arrangements created an equitable mortgage over his beneficial interest in the property. Bank's remedy and position of the co-owning wife.

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Members
John McGhee QC

Practice areas
Real Estate

Charterhouse Bank Ltd v Rose & Ors (1995)

Judgment Date: 16 Jun 1995

Claims by banks in respect of negligent overvaluation of property inducing them to finance the purchase of same.

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Luttenberger v North Thoresby Farms Ltd (1992)

Judgment Date: 21 Dec 1992

Whether notice to quit agricultural tenancy was fraudulent

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Members
John McGhee QC

Practice areas
Real Estate

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