John Lyon’s Charity v Peter Shalson (2003)

Judgment Date: 12 Jun 03

Summary A tenant acquiring the freehold of a house under the Leasehold Reform Act 1967 was entitled to a reduction in the price reflecting an increase in value attributable to works reconverting the house from flats into a single family dwelling, even though those works reversed the earlier conversion from a...

Barings Plc (In Liquidation) v Coopers & Lybrand (2003)

Judgment Date: 11 Jun 03

Summary Deloitte & Touche (Singapore) were negligent in their 1992 and 1993 audit of the accounts of Barings Futures (Singapore) Ltd but they were not liable for losses incurred after April 1994 when their negligence ceased to be an operative cause of the company's losses. The damages awarded were also to be reduced for...

Albert Smith v (1) Peter Waterman (2) Julie Waterman (3) Richard Bostock (2003)

Judgment Date: 06 Jun 03

Summary It was incorrect in law to hold, in a case of alleged adverse possession, that merely by going on to the land the owner could thereby resume possession so as to interrupt the continuity of possession of the land by another where, from the evidence, that other was clearly...

Johnson v. Shaw & Ors (2003)

Judgment Date: 06 Jun 03

Summary The balance weighed in favour of granting rectification of title to the defendants who held the paper title to the disputed land despite the significance of the policy of the Land Registry Act 1925 in favour of the registered proprietor in possession. Facts Appeal by the defendants from the decision...

R v Robert Alexander Johnstone & Ors (2003)

Judgment Date: 22 May 03

Summary To make out an offence under s.92 Trade Marks Act 1994, the use of the trademark in question must be as an indication of trade origin. The reasonable belief defence under s.92(5) was available to an alleged offender whether or not they were aware of the existence of the relevant...

Gilje v Charlegrove Securities Ltd (2003)

Judgment Date: 13 May 03

Summary In the circumstances, s.20B Landlord and Tenant Act 1985 did not prevent a landlord from charging expenditure by way of service charges in certain accounting periods, notwithstanding that such expenditure was incurred 18 months prior to the supply of final accounts and certificates for those accounting periods. Facts Claimants' appeal...

OT Computers Ltd (In Administration) v First National Tricity Finance Ltd & Ors (2003)

Judgment Date: 09 May 03

Summary The claimant company, who had set up trusts in anticipation of insolvency proceedings to safeguard customers' and suppliers' monies, remained the beneficial owners of the fund to the extent to which it had not effectively, by its declaration of trust, created benefical interests in the fund in favour of...

Somerset-Leeke & Anor v Kay Trustees & Anor (2004)

Judgment Date: 01 May 03

Summary In an application for security for costs, the relevant ground on which the applicant relied under the CPR r.25.1.3 should always be identified and the relevant evidence should be clearly aimed at that ground. Factors had to be shown which justified the grant of security. Facts The defendants (K)...

De La Mare v Chief Land Registrar (2003)

Judgment Date: 01 May 03

Summary The defendant's appeal from a master's order releasing the claimant from certain sanctions was dismissed as the master had reviewed the factors in CPR 3.9 and reached a decision that he was entitled to reach. Facts Appeal by the defendant ('the registrar') from a master's order of 27 February 2003 releasing the...