Mahme Trust v Tayeb (2002)

Judgment Date: 26 Jul 02

Summary The payment of money to the chairman of a trust's managment committee was not authorised under Liechtenstein law. Facts (1) The payments to T had been authorised by the terms of an instruction to that effect to the Trust's bank signed by T. The claimants had failed to establish on...

Society of Lloyd’s v Sir William Otho Jaffray & Ors (2002)

Judgment Date: 26 Jul 02

Summary Lloyd's Names had not proved fraudulent misrepresentation by Lloyd's because they had failed to prove that the relevant individuals at Lloyd's did not believe the representations to be true or that they knew or were reckless as to whether they were true or untrue. There had been no procedural...

Bryant Homes Northern Ltd v David Thompson (2002)

Judgment Date: 25 Jul 02

Summary 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. Facts Appeal by...

Rock Garden Limited v Covent Garden Market LP (2002)

Judgment Date: 24 Jul 02

Summary Whether commercial tenant had right of access to his demised property over landlord's property when landlord had failed to obtain a right of access to the demise.

Richard McIlwraith v William Anthony McIlwraith & Ors (2002)

Judgment Date: 24 Jul 02

Summary Where, under s.71(3) Solicitors Act 1974, a beneficiary sought an assessment of costs charged to an estate, the court should treat the lapse of 12 months since payment of those costs before the beneficiary's application as a factor to be considered in exercising its discretion rather than an absolute bar to...

Mount Eden Land Ltd (Part 20 Defendants) v Towerstone Ltd (Part 20 Claimants) (2002)

Judgment Date: 23 Jul 02

Summary It was reasonable for a landlord to require that an intending guarantor of a proposed assignee should provide references that spoke of his ability to meet all his contingent liabilities and not merely those liabilities that would arise under the lease; and that three guarantors should be provided. Facts...

Ali v Khan & Ors (2002)

Judgment Date: 11 Jul 02

Summary A judge was wrong to conclude that the fourth defendant's transfer of his legal interest in a property to the claimant was also intended to transfer his beneficial interest in that property. Facts Appeal by the fourth defendant ('K') from an order of HH Judge McKenna by which he...

Clinton Cards (Essex) Ltd v Sun Alliance & London Assurance Co Ltd (2002)

Judgment Date: 05 Jul 02

Summary The claimant's action against the defendant for unreasonable withholding of consent to an under-letting was dimissed. Facts Action by the claimant ('Clinton') for damages for breach by the defendant ('RSA') of its duty under the Landlord and Tenant Act 1988 not unreasonably to withhold its consent to an under-letting. Clinton...

Hurst v Crampton Bros (Coopers) Ltd (2002)

Judgment Date: 12 Jun 02

Summary 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.