Summary It was permissible for the Court of Appeal to make the prosecution of an appeal conditional on the payment of the judgment debt against which the appeal was being brought, even if the appellant might have to obtain the necessary funds from a third party. Facts Cross-applications by: (i)...

Summary A covenant in a lease by which the lessee agreed to erect a building development fit for uses within certain specified classes of the Town and Country (Use Classes) Order 1963 did not mean that the demised land could only be used for those purposes. A landlord would rarely be...

Summary Rent Review. Whether tenant's adjoining freehold premises had implied easement over leasehold land or whether leasehold land had special value for providing access. Facts Appeal by the claimant ('M') from the decision of Kevin Garnett QC by which he dismissed M's claim for a declaration that it was entitled...

Summary Application by the claimant ('UCB') for summary judgment under CPR Part 8 to vacate a caution registered in respect of a property for which the defendant ('D') claimed to be in receipt of the rents and profits within the meaning of s.70(1)(g) Land Registration Act 1925. D's husband ('H'), a...

Summary The claimant shareholders had no real prospect of establishing that the defendant chargee had exercised its right to take possession of the shares for the collateral purpose of forcing the claimant's company out of business. Facts Claimants' appeal from part of a decision of Master Bowman by which he...

Summary The English courts had jurisdiction to hear claims arising from a contract made under French law but in which one party reserved the right to elect any other jurisdiction which was competent under the Brussels Convention 1968 and due to differences between French and English law the English courts were...

Summary 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...

Summary An order allowing an amendment to statements of claim did not give rise to a new cause of action and was accordingly upheld. Facts Appeal from the order of Rimer J, sitting as the designated judge of the Abbey National Managed List, dated 14 February 2001, allowing Abbey National permission to...

Summary In a successful appeal from an order for possession, the trial judge had incorrectly construed an option to renew a lease as if it expressly provided that the deadline for service of the option notice was the expiry of the contractual term. Further, the trial judge should have allowed...