This websites use cookies. By continuing to browse the site you are agreeing to our use of cookies. For more details about cookies and how to manage them, see our cookie policy.

Cases Real Estate

Anthony Armbrister, Cyril Armbrister v Marion Lightbourn & Ors (2012)

Judgment Date: 11 Dec 2012

Where neither the first instance court nor the Court of Appeal of the Bahamas had made a proper analysis of the evidence in proceedings concerning title to two areas of land, it was proper for the Board of the Privy Council to review the conclusions they had reached. Where claimants had acted as occupying owners of the land in the mistaken belief that they had good title to it, and there had been no serious challenge to that evidence, the Bahamian courts had erred in regarding that evidence as insufficient to establish possessory title.

View case

Connells Survey & Valuation Ltd v MPG Investments LLP & Anor (2012)

Judgment Date: 27 Nov 2012

A limited liability partnership that had suffered loss as a result of a valuation company's alleged negligent advice on a property's value was allowed to provide draft amended particulars of claim to include a claim for the actual net loss that it had suffered. Although there was no diminution in value claim, it was arguable that there would be more information at trial to show that there were special circumstances within the meaning of Hadley v Baxendale such that the normal diminution in value rule did not apply to the partnership's claim for damages.

View case

Favor Easy Management Ltd, Samuel Tak Lee v Fuk Fei Wu, Favor Easy Management Ltd (2012)

Judgment Date: 21 Nov 2012

A judge had adopted the correct approach when considering the evidence as a whole in determining the intentions of the parties in relation to the disputed beneficial ownership of two commercial properties.

View case

Andrew Scott Walby, Richard Scott Walby v Malcolm Scott Walby, Laura Scott Walby (2012)

Judgment Date: 02 Nov 2012

There were no grounds on which to imply into a transfer of part of farming land and buildings an easement of drainage in favour of the retained land, either on the basis of necessity, mutual benefit or to give effect to any intention as to the particular use of the land retained.

View case

Practice areas
Real Estate

In the Matter of Teathers Ltd v Richard Heis & Samantha Bewick (2012)

Judgment Date: 22 Oct 2012

Where a commercial lease provided a tenant with the full term in which to carry out required reinstatement works to the property, a surrender of the lease before expiry of the term released the potential liability. Also, the processes required by the Landlord and Tenant Act 1927 s.18(1) had to be followed in a claim for damages arising from a breach of a covenant to keep a property in good repair during the term of a lease.

View case

Practice areas
Real Estate

Fanfare Properties Ltd, Trevor Spiro v Grafton Estate No.2 LP (Nominee One) Ltd & Ors (2012)

Judgment Date: 22 Oct 2012

Where a deed permitted the owner of a building to enter upon a neighbouring property to install windows, that did not permit the erection of scaffolding on the neighbouring land in order to take down a wall and replace it with glass panels. That was not changed by describing the proposed works as installation of a "windows system".

View case

Practice areas
Real Estate

Day v Hosebay Limited; Howard de Walden Estates Limited v Lexgorge Limited (2012)

Judgment Date: 10 Oct 2012

Properties used entirely for commercial purposes were not "house[s] reasonably so called" for the purposes of the Leasehold Reform Act 1967 s.2(1), whatever their original design or current appearance, or the fact that they might look like houses and might be referred to as houses for some purposes.

View case

Members

Oliver Phillips

Practice areas
Real Estate

Erik Holmes v Tracey Evans (2012)

Judgment Date: 11 Jul 2012

Both Andrew Walker QC and his instructing solicitors, Shelter Cymru, (neither of whom had been involved at any stage at first instance) agreed to act pro bono at the appeal hearing, following the withdrawal of legal aid. Davis LJ paid “tribute to the careful and attractive way in which Mr Walker presented his arguments (both written and oral).”

View case

Members
Andrew Walker QC

Practice areas
Real Estate

The Scotts Company (UK) Ltd v Paper Mill Lane Properties Ltd (2012)

Judgment Date: 21 Jun 2012

This claim was for declarations as to the meaning of a contract for the sale of development land as regards payments to be made out of a contractual retention towards environmental remediation works, and an alleged estoppel against the claimant seller.

View case

Q-Park Ltd v HX Investments Ltd (2012)

Judgment Date: 31 May 2012

There was no clear wording in an option agreement restricting a company from marketing and selling its interest in five car parks either individually or collectively.

View case

George Maloney v Filtons Ltd (2012)

Judgment Date: 24 May 2012

The defendant property management companies did not have the benefit of a lease over a property but were managing agents of the property, which meant that they were entitled to grant sub-leases and to obtain deposits, but were then required to account to the registered proprietors of the property for the rent collected, less expenses and their commission.

View case

Members
Rosanna Foskett

Practice areas
Real Estate

Greene King PLC v Quisine Restaurants Ltd (2012)

Judgment Date: 24 May 2012

A clause under a licence to assign an underlease requiring the tenant to use all reasonable endeavours to give notice to the guarantor of the undertenant each time the rents were more than two months in arrears was not a condition precedent of the liability under the guarantee and the failure of the tenant to give such notice did not release the guarantor.

View case

Scottish Widows Fund & Life Assurance Society v BGC International (2012)

Judgment Date: 09 May 2012

A judge had erred in his construction of a clause in a sub-sub-underlease, which was inconsistent with the relevant lease when read with the supplemental agreement. Statements made in the course of the pre-contractual negotiations were no more than statements of the negotiating stance at that point in time, and could not be relied on as evidencing the parties' objective aim in completing the transaction.

View case

Members
John McGhee QC

Practice areas
Real Estate

William Loveluck-Edwards, Beatrice Loveluck-Edwards v Ideal Developments Ltd (2012)

Judgment Date: 22 Mar 2012

Owners of a property had failed to prove that they had a right of way over land adjoining their property either by way of an express grant or by prescription by reason of their long use.

View case

Practice areas
Real Estate

George Maloney, Bruce Mackay, Graham Bushby, Matthew Haw v Filtons Ltd (2012)

Judgment Date: 21 Mar 2012

Receivers of charged residential property were entitled to interim injunctive relief granting unrestricted access to the property and relevant documents in circumstances where their access had been obstructed by a purported lessee, who had possibly acted unlawfully in collecting substantial amounts of rent as a result of granting sub-tenancies.

View case

Members
Rosanna Foskett

Practice areas
Real Estate

Peter Hutchinson & Susan Penning v Michael Neale & Ann Neale (2012)

Judgment Date: 20 Mar 2012

The starting point of an order for costs was that costs should follow the event. There was no general rule that a finding of dishonest conduct by the successful party would replace the usual starting point. An evaluation of the nature and degree of the misconduct and its effect on the issues in the trial was required.

View case

Members
Alec McCluskey

Practice areas
Real Estate

Pollen Estate Trustee Co Ltd, King’s College London v Revenue & Customs Commissioners (2012)

Judgment Date: 08 Mar 2012

Relief from stamp duty land tax was not available in circumstances where the beneficial interest in the relevant property was owned jointly by a number of persons or bodies, only some of which were charities or Ministers of the Crown. The relevant land transaction for the purposes of stamp duty land tax was the acquisition of the whole beneficial interest in the property, and not each separate acquisition of an undivided share by each tenant in common.

View case

Practice areas
Charities
Real Estate

Newbold v Coal Authority (2012)

Judgment Date: 16 Feb 2012

On giving a damage notice under the Coal Mining Subsidence Act 1991 s.3, the purpose of the requirement to give particulars in accordance with the Coal Mining Subsidence (Notices and Claims) Regulations 1991 Sch.1 was both to show that the notice was served by the owner or some other person liable to make good the damage, and to give the Coal Authority information to assist it in deciding whether it had a remedial duty in relation to the damage specified. There was potential for at least some of those particulars to be satisfied in the event of no more than substantial compliance.

View case

Practice areas
Real Estate

CIP Property (AIPT) Ltd v Transport for London, London Undergoround Ltd, Derwent Valley Central Ltd

Judgment Date: 25 Jan 2012

Claims for a negative declaration and mandatory injunction, arising from the alleged infringement of an ancient right to light for property overlooking a site on which development was proposed following the completion of the Crossrail project, had no prospect of success. The action was premature and served no useful purpose since the proposed development lacked planning permission and could not take place for at least five years.

View case

Members
John McGhee QC

Practice areas
Real Estate

Crossco No.4 Unlimited & Ors v Jolan Ltd & Ors (2011)

Judgment Date: 21 Dec 2011

Although there were advantages in restricting the constructive trust described in Banner Homes Holdings Ltd (formerly Banner Homes Group Plc) v Luff Developments Ltd (No2) (2000) Ch 372 to family home property disputes, the reasoning in that case was firmly based on a common intention constructive trust and it remained binding in respect of commercial property disputes in the absence of Supreme Court authority to the contrary.

View case

Practice areas
Real Estate

1 2 3 4 5

Results 81 - 100 of 423