Bellway Homes Ltd v Beazer Homes Ltd (2010)

Judgment Date: 04 Mar 10

Summary A company was entitled to be allocated land at a site it was developing with a second company where they had both previously agreed that the first company was due to receive land elsewhere which was later found to be incapable of development. Facts The claimant (B) sought a...

FoodCo UK LLP (T/A Muffin Break) & Ors v Henry Boot Developments Ltd (2010)

Judgment Date: 03 Mar 10

Summary A non-reliance clause in an agreement for lease excluded liability for innocent and negligent misrepresentations, but not fraudulent ones, and the claimant tenants failed to show that representations made by the landlord were false and fraudulently made. Facts The claimant tenants (T) claimed that they had entered into agreements...

UK Housing Alliance (North West) Ltd v Francis (2010)

Judgment Date: 24 Feb 10

Summary A provision in a sale and leaseback contract entitling the landlord buyer to retain 30 per cent of the purchase price if it terminated the tenancy pursuant to any right to do so under the tenancy agreement was not an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999...

Dineshkumar Shah v Chandrakant Shah (2010)

Judgment Date: 24 Feb 10

Summary Where a family company was a quasi-partnership with characteristics which, on principles of equity, engaged obligations that were common to partnership relations, it had been unjust or unfair to exclude a member from participation in its management without an offer to buy the minority shareholder's shares or make some...

Panagopoulos v Earl Cadogan (2010)

Judgment Date: 24 Feb 10

Summary This case raised issues as to jurisdiction and discretion under s.48 of the Leasehold Reform, Housing and Urban Development Act 1993. The landlord asserted that the tenant’s application under s.48 had been made too soon and that, no later application having been made, the tenant’s claim was deemed...

Crest Nicholson (Londinium) Ltd v Akaria Investments Ltd (2010)

Judgment Date: 19 Feb 10

Summary In construing the provisions of a commercial property development agreement concerning the payment of profit payments, the court had regard to a letter that it found to contain an offer capable of acceptance, which enabled the constitution of an accepted contract for the proper determination of the correct basis...

In The Matter Of Capitol Films Ltd v Capitol Films Ltd (2010)

Judgment Date: 10 Feb 10

Summary A petitioner by substitution in an unsuccessful winding-up petition against a company was entitled to an order that its costs of the winding-up petition would be paid as an expense in the subsequent administration of the company, but there was no good or sufficient reason for its costs to...

Republic of Argentina v NML Capital Ltd (2010)

Judgment Date: 04 Feb 10

Summary The Civil Jurisdiction and Judgments Act 1982 s.31 remained subject to the provisions of the State Immunity Act 1978 in respect of the circumstances in which the United Kingdom courts could exercise jurisdiction over states. Facts The appellant republic (R) appealed against a decision ((2009) EWHC 110 (Comm), (2009) QB 579) refusing to set aside...