Taylor & Sons (Farms) v Secretary of State for the Environment, Transport & the Regions (2001)

Judgment Date: 31 Jul 01

Summary An appellant needed to state a fall-back position in the event that his appeal failed in whole or in part. It was not reasonable to come to the Court of Appeal and ask for a case be remitted to enable the planning inspector to invite further submissions. An argument...

Daido Asia Japan Co Ltd v Rothen (2001)

Judgment Date: 24 Jul 01

Summary Even though the claimant had personally relied upon a company director when she made false statements she was not personally liable following the decision in Standard Chartered Bank v Pakistan National Shipping Corp (2000) Lloyd's Rep 218. However, because she had knowingly procured her company to commit the tort, she was...

Lloyds TSB Bank Plc v Shorney & Anor (2001)

Judgment Date: 20 Jul 01

Summary The claimant bank had not been entitled, in the absence of consent from the second defendant, to take further guarantees from the first defendant which prejudiced the equitable remedies open to the second defendant as guarantor of his liabilities. Facts Appeal by the claimant Bank from a decision of...

Yenula Properties Ltd v Venkat Mun Swami Naidu (2001)

Judgment Date: 18 Jul 01

Summary A notice under s.20 Housing Act 1988 was not required to be personally served upon the tenant but could validly be served upon his duly authorised agent. Facts Held (1) The fact of access did not itself prove an intention to create a tenancy. On the evidence the court was satisfied...

Jonathan Guy Anthony Phillips & Ors v (1) Robin James Symes (2) Robin Symes Ltd (2001)

Judgment Date: 09 Jul 01

Summary The English court declined jurisdiction in favour of the Greek courts who were first seised of proceedings in relation to the administration of an estate, except in relation to claims concerned with the constitution, nullity or dissolution of a partnership involving the deceased and which was seated in England....

Profinance Trust SA v Gladstone (2001)

Judgment Date: 02 Jul 01

Summary The court had jurisdiction under s.461 Companies Act 1985 to make an order for the equivalent of interest, although that power should be exercised with great caution. The judge had erred in the exercise of his discretion by choosing the date of presentation of the petition rather than the date...

National Westminster Bank Plc v Somer International (UK) Ltd (2001)

Judgment Date: 22 Jun 01

Summary The defendant could only rely on a plea of estoppel by representation, as a defence to the recovery of the entirety of a sum mistakenly transferred to it by the claimant, to the extent that it had acted to its detriment in reliance upon that representation. Facts Appeal by...

Joan Denise South v Trustees of the Phillimore Kensington Estate (2001)

Judgment Date: 15 Jun 01

Summary The decision of the Lands Tribunal could not be criticised in any way. It had reached clear findings on the materials before it. Facts Appeal by way of case stated from the decision of the Lands Tribunal ('the tribunal') dated 23 March 2000 in which it dismissed the appeal of Mrs...

Floods of Queensferry Ltd & Ors v Shand Construction Ltd & Ors (2001)

Judgment Date: 15 Jun 01

Summary Unsuccessful application for costs pursuant to s.51 Supreme Court Act 1981 against a director of and/or the solicitors for the claimant company. Facts Application by the first defendant ('SCL') for orders pursuant to s.51 Supreme Court Act 1981 against the second claimant ('F') and the former solicitors ('WF') for the...