Floyer-Acland & Ors v Osmond (2000)

Judgment Date: 06 Apr 00

Summary "Use" in Case B, Sch.3 Agricultural Holdings Act 1986 did not have the meaning attributed to it by s.336 Town and Country Planning Act 1990 and did not exclude building and other operations. * Leave to appeal to the House of Lords refused. Facts Landlords' appeal and tenant's cross-appeal from the decision...

Rolls Royce plc & Ors v Heavylift-Volga DNEPR Ltd & Ors (2000)

Judgment Date: 03 Apr 00

Summary The claimant's goods had been taken into the charge of the carrier's agent when the latter started to unload them from the claimant's delivery lorry. That point constituted carriage of goods by air for the purposes of Warsaw Convention, Art.18. "Airside" and "landside" divisions within East Midlands Airport were...

Phomographic Performance Ltd v Candy Rock Recording Ltd (2000)

Judgment Date: 30 Mar 00

Summary Section 129 Copyright, Designs and Patents Act 1988 was not limited to a comparison between licences granted by the same person. The fact that narrowcasters were exempt from the site licence fee which commercial dubbers had to pay was a relevant factor for the Copyright Tribunal to consider when deciding on...

Lindstrom v Lewis (2000)

Judgment Date: 30 Mar 00

Summary A person who went into negotiations as the agent of another could not subsequently claim to have been negotiating, and to have contracted, as principal on his own account. Facts Action by the claimant ('GL') for a declaration that the defendant ('AL') held the issued shares of Tradition of...

Peter Lionel Cottingham & Julie Cottingham v Attey Bower & Jones (A Firm) (2000)

Judgment Date: 30 Mar 00

Summary Solicitors who negligently failed to pursue a request for sight of a copy of a building regulation approval were liable for the loss sustained by the claimants on their subsequent acquisition of a defective property. Facts Action for damages by the claimants against their former solicitors ('ABJ') for alleged...

Stephen David Margulies v Marcus Jonathan Margulies, Martin David Paisner & Paisner & Co (2000)

Judgment Date: 16 Mar 00

Summary On the facts, letters by the testator to the first defendant did not establish the communication of any binding secret trust or any other fiduciary obligation for the benefit of the claimant. In any event, the subject matter of any such trust or obligation was insufficiently certain to be...

Leyvand v Barasch and ors (2000)

Judgment Date: 15 Mar 00

Summary Security could not now be ordered as a matter of course from a foreign claimant and to avoid such an order he did not have the burden of establishing the ownership of fixed and permanent property here or indeed any property at all. Facts Defendants' appeal from the order...

Gillett v Holt & Anor

Judgment Date: 08 Mar 00

Summary An equivocal or revocable representation could give rise to a proprietary estoppel, since it was not the irrevocability of the representation when it was made which empowered equity to intervene, but the fact of subsequent detrimental reliance on the part of the representee, which made the representation irrevocable. Facts...

Munro v Premier Associates Ltd (2000)

Judgment Date: 07 Mar 00

Summary Principles of waiver and estoppel applied to an invalid notice to complete. Facts The defendant vendor appealed against the decision of Master Winegarten striking out its defence and counterclaim to a claim by the purchasers for specific performance and ordering performance by the vendor of a contract for the...