Earl Cadogan v Pitts : Earl Cadogan v Atlantic Telecasters (2008)

Judgment Date: 10 Dec 08

Summary In determining the price to be paid by the nominee purchaser exercising a right to collective enfranchisement, hope value attributable to the possibility of non-participating tenants wishing to obtain new leases of their flats in the open market could be taken into account under the Leasehold Reform, Housing and...

Revenue & Customs Commissioners v (1) Shaun Cassells (2) Nicholas Reed (2008)

Judgment Date: 04 Dec 08

Summary A judge had erred in annulling a bankruptcy order on the basis that the Revenue's failure to notify the bankrupt that he had no tax liability amounted to an exceptional circumstance for the purpose of the Insolvency Act 1986 s.375. The bankrupt's claim that the Revenue's mistake meant that he...

J Alston & Sons v BOCM Pauls Ltd (2008)

Judgment Date: 28 Nov 08

Summary In order to succeed in a claim for adverse possession, an intention to infringe the rights of the paper owner was unnecessary; the claimant's recognition that he might have to go if asked to do so was not inconsistent with the requisite intention to possess. Facts The claimant family...

Lambert v MCM Select Foods Ltd (2008)

Judgment Date: 27 Nov 08

Summary The court interpreted a clause in a shareholders' agreement on the basis that the inclusion of words of obligation in a transfer of shares provision did not, on their own, oblige shareholders to purchase the shares of shareholders who were no longer employed by the relevant company. Facts The...

St Ivel Ltd & Uniq Prepared Foods Ltd v Wincanton Group Ltd (2008)

Judgment Date: 26 Nov 08

Summary On a proper construction of an agreement, which required a supplier of warehouse services to give credit to the user for additional business secured by the supplier in order to utilise spare capacity, the additional business did not include business conducted from an extension to the warehouse. Facts The...

Christos Kyriacou Sava v SS Global [2008]

Judgment Date: 25 Nov 08

Summary In claims for adverse possession where continued use of the land by the paper owner was alleged, there was no principle of law to the effect that the paper owner would have to establish use in the period immediately after the claimed ouster. Facts The appellant (S) appealed against...

Arla Foods UK plc v Barnes and others [2009] 1 BCLC 699

Judgment Date: 21 Nov 08

Chancery Division trial, breach of contract. Instructed as junior counsel for claimant.

A v B (2008)

Judgment Date: 13 Nov 08

Summary Where a business understanding had not been contractually formalised, the claimant had failed to make out a case based on proprietary estoppel or a constructive trust as her expectation of an enforceable contract was contingent upon the successful outcome of ongoing negotiations and she had not conferred any advantage...

Tagore Investments SA v Official Receiver (2008)

Judgment Date: 11 Nov 08

Summary On the facts, the applicant company was entitled, under the Insolvency Act 1986 s.346(6), to relief from the consequences of s.346(1)(a) so that it could retain the benefit of a charging order over a property which it would otherwise have lost due to the intervening bankruptcy of the property...