Boss Holdings Ltd v Grosvenor West End Properties (2008)

Judgment Date: 30 Jan 08

Summary The phrase "designed or adapted for living in" in the Leasehold Reform Act 1967 s.2(1) required the court to consider the property as initially built and the purpose for which it was originally designed, and to consider whether any work had subsequently been done so that the original design had...

Nicholas John Harding v Revenue & Customs Commissioners (2008)

Judgment Date: 30 Jan 08

Summary Loan notes that contained a currency conversion option did not amount to qualifying corporate bonds within the meaning of the Taxation of Chargeable Gains Act 1992 s.117, despite the fact that the option had lapsed. Facts The appellant taxpayer (H) appealed against the decision of the court that loan notes...

Evangelos Tsiapkinis v Earl Cadogan (2008)

Judgment Date: 25 Jan 08

Summary In determining the freehold value of a property subject to a lease enfranchisement it was appropriate to have regard to, as suitable comparables, both the value of a cleared site and that of a standing house in the locality. Facts The appellant tenant (T) appealed against a valuation of...

Risegold Ltd v Escala Ltd (2008)

Judgment Date: 18 Jan 08

Summary It was a matter of fact and degree whether a proposed development came within the scope of a clause granting access for "rebuilding or renewal". Where comparison of a claimant's existing buildings with its proposed development demonstrated that the latter was not just a "rebuilding or renewal", and where...

Barclays Bank PLC v Trevor Guy (2008)

Judgment Date: 16 Jan 08

Summary 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...

Homepace Ltd v Sita South East Ltd (2008)

Judgment Date: 15 Jan 08

Summary A surveyor's mineral exhaustion certificate certifying that the minerals on the land were not economically recoverable was issued on a mistaken basis, because he had misconstrued what was meant by "the minerals", and that error vitiated the certificate. Facts The appellant tenant (S) appealed against a decision that a...

Commission for the New Towns v Terrace Hill (Stockton) Ltd (2007)

Judgment Date: 21 Dec 07

Summary A defendant failed to establish that an estoppel by convention had arisen to alter the date when an option period commenced, as the other contracting party had not regulated its subsequent conduct on the basis of the alleged convention. Facts The claimant commission sought declaratory relief in respect of...

JK Sons (PVT) LTD v Virani LTD (2007)

Judgment Date: 20 Dec 07

Summary An English textile wholesaler was liable to a Pakistani textile producer for sums owing under invoices for cloth supplied by the producer to North American end-customers as the wholesaler had agreed to become liable irrespective of whether the end-customer paid. Facts The claimant Pakistani textile producer (J) claimed sums...

Patel v Patel (2007)

Judgment Date: 18 Dec 07

Summary 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. Facts The appellant (X), who had been in partnership...