Colin Dawson Windows Ltd v (1) King’s Lynn & West Norfolk Borough Council (2) Winifred Howard (2005)

Judgment Date: 20 Jan 05

Summary It was natural to draw an inference of permission to remain on land, where a person was in possession pending negotiations for the grant of an interest in that land. In the instant case, there was an implied licence that the respondent company was being permitted to remain on...

McEwan v Martin (HMIT) (2005)

Judgment Date: 20 Jan 05

Summary Where a sum claimed in respect of roll over relief was clearly wrong it necessarily followed that the accountants concerned had not applied the proper degree of care to the computation of it. Facts The appellant (M) appealed by way of case stated against the decision of the General...

Midtown Ltd v City Of London Real Property Co Ltd (2005)

Judgment Date: 20 Jan 05

Summary A substantial diminution in the amount of natural light reaching an office building was an interference with rights to light constituting a nuisance even though all the rooms of the property were habitually lit by artificial light whenever they were used. Facts The claimant freeholder (M) and leaseholders (L)...

James Hay Pension Trustees Ltd v Cooper Estates Ltd (2005)

Judgment Date: 20 Jan 05

Summary Where the defendant was the accidental owner of a small piece of land that it never intended to acquire from the claimant and that was of no use to it except as a means of extracting a ransom payment from the claimant, rectification of the transfer and of the...

BP International Ltd (2) Conocophilips Ltd v Newcastle International Airport Ltd (2005)

Judgment Date: 18 Jan 05

Summary The words "the landlord intends" in the Landlord and Tenant Act 1954 s.30(1)(f) meant that a landlord could only establish opposition to the grant of a new business tenancy on that ground if he had made a fixed and settled decision to proceed with the construction work described in...

City Of London Corporation v Secretary Of State For Environment, Food And Rural Affairs & Ors (2004)

Judgment Date: 21 Dec 04

Summary The Covent Garden Market Act 1961 s.18(1)(f) did not confer on the Secretary of State for Environment Food and Rural Affairs a power to grant consent to the Covent Garden Market Authority to grant leases to sell meat or fish, or meat or fish products, at the horticultural market...

The Newgate Stud Co & Newgate Stud Farm LLC v (1) Anthony Penfold (2) Penfold Bloodstock Ltd (2004)

Judgment Date: 21 Dec 04

Summary A director and agent of companies was in breach of the self-dealing rule because he failed to obtain informed consent to sales when partnerships in which he was interested acquired race horses from those companies. Facts The claimant companies (C) claimed against the first defendant director (D1) for breach...

Cambridge Antibody Technology v (1) Abbott Biotechnology Ltd (2) Abbott GMBH & Co KG (2004)

Judgment Date: 20 Dec 04

Summary On the proper construction of royalty-sharing provisions in agreements licensing the use of the claimant's genetic engineering technology by the defendant pharmaceutical companies, the defendants were not entitled to offset half of the royalties paid to third parties in respect of parts of the process for producing a drug...

Clear Channel UK Ltd v Manchester City Council (2004)

Judgment Date: 14 Dec 04

Summary An agreement for the erection and use of advertising hoardings had been not intended to grant a tenancy of the land on which they were built to the company that had erected the hoardings. Facts The claimant company (C) sought a declaration that it held tenancies of 13 advertising sites...