Howard De Walden Estates Ltd v Les Aggio & Ors (2007)

Judgment Date: 24 May 07

Summary The question for consideration was whether a headlessee of two flats in a block of flats was the qualifying tenant for the purposes of the Leasehold Reform Housing & Urban Development Act 1993 and was able to seek new leases of those two flats. The flats were not sublet on long...

(1) Stephen L Pitts (2) Yue Wang v Earl Cadogan : Earl Cadogan v Atlantic Telecasters Ltd (2007)

Judgment Date: 21 May 07

Summary For the purposes of a leasehold enfranchisement valuation under the Leasehold Reform Act 1967 s.9, hope value could not, as a matter of law, be included as an element in the valuation of the landlord's interest. Facts In appeals against two decisions of a leasehold valuation tribunal regarding leasehold enfranchisement...

Housden v Conservators of Wimbledon and Putney Commons (2007)

Judgment Date: 17 May 07

Summary Where a potential servient owner was prevented by statute from disposing of land, there could be no capable grantor of an easement, and so the potential dominant owner could not acquire a right by prescription based on 40 years' user under the Prescription Act 1832 s.2. Facts The appellants (H) appealed...

Walbrook Trustees (IOM) Ltd & Ors v Liberty Centre Trustee No.1 Ltd & Ors (2007)

Judgment Date: 14 May 07

Summary The landlords of a shopping centre were granted an interim injunction, pending trial, restraining the tenants of retail premises from creating or maintaining displays in their shop front consisting of lingerie and sexual paraphernalia that might be regarded as indecent or offensive. Facts The applicant tenants (W) applied for...

Malmesbury v Strutt & Parker (2007)

Judgment Date: 11 May 07

Summary Chartered surveyors had been negligent in the conduct of negotiations for leases of land for use as airport car parking because they had failed to obtain a turnover rent. The appropriate measure of damages for the lost chance of negotiating a turnover rent was the diminution in value of...

Eastaway v Secretary of State for Trade & Industry (2007)

Judgment Date: 10 May 07

Summary A ruling by the European Court of Human Rights that the length of director disqualification proceedings had violated the reasonable time provision in the European Convention on Human Rights 1950 Art.6 did not entitle a director to have his disqualification proceedings dismissed and a disqualification undertaking that he had given...

UK (Aid) Ltd v Martin Damian Andrew Mitchell (2007)

Judgment Date: 08 May 07

Summary It was appropriate to grant summary judgment against two former directors of a company in creditors' voluntary liquidation as they had no defence to a claim that they had misappropriated the company's monies for their own gain. Facts The claimant company (C), in creditors' voluntary liquidation, applied for summary...

J D Wetherspoon PLC v Van De Berg & Co Ltd (2007)

Judgment Date: 04 May 07

Summary Whilst an alleged conscious and deliberate breach of fiduciary duty had occurred more than six years before proceedings were issued, the claim was not statute-barred as the Limitation Act 1980 s.32 applied to prevent time from running until the concealment could have been discovered by the claimants when acting with...