Summary Unless a notice of claim for leasehold enfranchisement, which claimed too much or not enough, was amended appropriately, it would be invalid. The Leasehold Reform Act 1967 Sch. 3 para.6(3) made it clear that a necessary amendment to a notice could be refused and whether an amendment was allowed was a...

Summary Lloyd's names were refused permission to amend their pleadings to allege negligent misrepresentation or misrepresentation contrary to s.2 Misrepresentation Act 1967 because the claims of any name commencing underwriting after July 1982 when the Lloyd's Act 1982 came into force would be defeated by s.14(3) of the 1982 Act and were thus doomed...

Summary In determining whether the settlor had an interest under the chargeable settlement, for the purposes of s.77(2) Taxation of Chargeable Gains Act 1992, it was not necessary or appropriate to look beyond the confines of that settlement. Facts Appeal by taxpayers from a decision of Peter Smith J finding that...

Summary 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. Facts The claimant landlord ('B') appealed against the decision of Simon Berry QC sitting as a deputy judge trying a preliminary issue on...

Summary The appropriate forum for a debtor to raise arguments under s.375(1) Insolvency Act 1986 was on his application for permission to appeal. Facts Debtor's ('E') application under Insolvency Act 1986 to vary an order of 27 February 2003, by which a deputy judge dismissed E's appeal on the basis that it could not...

Summary 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...

Summary 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...

Summary In the instant case, reason and justice demanded that the doctrine of subrogation be applied so that the claimant was entitled by "sub-subrogation" to a lien over a property. Facts Appeal by the defendant ('G') from an order for possession of a property made by Recorder Narayan on 1 February 2002...

Summary Costs orders made against a company's liquidators following civil proceedings undertaken by them had, in relation to the company's assets, priority over the general expenses of the liquidation and in particular over the legal costs which the liquidators had incurred in bringing their failed proceedings. Facts The applicants (D)...