Risegold Ltd v Escala Ltd (2008)

Judgment Date: 18 Jan 08

Summary It was a matter of fact and degree whether a proposed development came within the scope of a clause granting access for "rebuilding or renewal". Where comparison of a claimant's existing buildings with its proposed development demonstrated that the latter was not just a "rebuilding or renewal", and where...

Barclays Bank PLC v Trevor Guy (2008)

Judgment Date: 16 Jan 08

Summary Where a former owner of a property alleged that the property had been fraudulently transferred to a party that had been registered as the proprietor, rectification of the land register would not be ordered against a subsequent chargee, as the chargee was entitled to take the register at face...

Homepace Ltd v Sita South East Ltd (2008)

Judgment Date: 15 Jan 08

Summary A surveyor's mineral exhaustion certificate certifying that the minerals on the land were not economically recoverable was issued on a mistaken basis, because he had misconstrued what was meant by "the minerals", and that error vitiated the certificate. Facts The appellant tenant (S) appealed against a decision that a...

Commission for the New Towns v Terrace Hill (Stockton) Ltd (2007)

Judgment Date: 21 Dec 07

Summary A defendant failed to establish that an estoppel by convention had arisen to alter the date when an option period commenced, as the other contracting party had not regulated its subsequent conduct on the basis of the alleged convention. Facts The claimant commission sought declaratory relief in respect of...

JK Sons (PVT) LTD v Virani LTD (2007)

Judgment Date: 20 Dec 07

Summary An English textile wholesaler was liable to a Pakistani textile producer for sums owing under invoices for cloth supplied by the producer to North American end-customers as the wholesaler had agreed to become liable irrespective of whether the end-customer paid. Facts The claimant Pakistani textile producer (J) claimed sums...

Patel v Patel (2007)

Judgment Date: 18 Dec 07

Summary A debt owed by a former partner to another which accrued due on the former partner's death could not become an asset of a new partnership in the absence of an express agreement between the partners of the second partnership. Facts The appellant (X), who had been in partnership...

Pierre André v Barbara Robinson (2007)

Judgment Date: 14 Dec 07

Summary The proceedings concerned the right to possession of the small bedroom in a two bedroom first floor flat, which was situated in a converted dwelling house in North London. Facts The defendant had been a join tenant of the flat with two others under an oral tenancy with the...

Collier v P & MJ Wright (Holdings) Ltd (2007)

Judgment Date: 14 Dec 07

Summary A statutory demand was set aside where the debtor had an arguable case of promissory estoppel. Facts The appellant (C) appealed against a decision not to set aside a statutory demand served on him by the respondent (W). W had obtained a judgment by consent against three partners of...

Re Neath Rugby Club Ltd; Hawkes v Cuddy [2008] All ER (D) 252 (Nov): Chancery Division

Judgment Date: 13 Dec 07

3 week trial of unfair prejudice petition. Instructed as junior counsel for successful respondent.