Keydon Estates Ltd v Western Power Distribution (South Wales) Ltd (2004)

Judgment Date: 26 Apr 04

Summary Given that a point at issue in arbitration was not of general public importance, it was not just and proper to grant permission to appeal against an arbitration award where the parties had chosen an arbitrator whose decision they should abide by. Facts The applicant (K) sought permission to...

Patel v Brent London Borough Council (No. 2) (2004)

Judgment Date: 07 Apr 04

Summary Chancery Division dispute over sum paid for highway improvements pursuant to Section 106 agreement.Whether repudiatory breach of agreement, whether works carried out were authorised by the agreement and whether reasonable endeavours used by the Council.

JOHN LAING CONSTRUCTION LTD V AMBER PASS LTD (2004)

Judgment Date: 07 Apr 04

Summary The claimant tenant (J) sought a declaration that, further to a notice given under a tenant's break clause, J had validly terminated the lease made between itself and the defendant landlord (G) in respect of premises. G counterclaimed for declarations that J's break notice was ineffective and that the...

Welshtown Corporation NV v M-Real OYJ (2004)

Judgment Date: 01 Apr 04

Summary On the true construction of a shareholders agreement, the claimant was entitled to exercise an option in respect of all, one third or two thirds of the original 12 shares owned by it. Facts The claimant (W) sought specific performance of a shareholders agreement and summary judgment. W and the...

John Bathurst v Philip Scarborow (2004)

Judgment Date: 01 Apr 04

Summary Partnership property could be held by partners as joint tenants where there was clear evidence of their intention to vary the normal rule that property bought with partnership money was deemed to have been bought for the partnership. Facts The defendant (S) appealed against a decision of a county...

Bakewell Management Ltd v Brandwood (2004)

Judgment Date: 01 Apr 04

Summary Law of Property Act 1925 s.193(4), which made it an offence to drive without lawful authority on a common to which the section applied, did not prevent a person who had contravened it from acquiring an easement by prescription or the doctrine of lost modern grant because there was no...

Pennington v Crampton (2004)

Judgment Date: 25 Mar 04

Summary The defendant (N) applied for an order that the claimant (H) should specifically perform his obligations contained in a schedule to a Tomlin order. Facts H was the holder of one share in Crampton Bros (Coopers) Ltd (the company). Four hundred shares in the company, which were registered in...

Customs & Excise Commissioners v The Arena Corporation Ltd (2004)

Judgment Date: 25 Mar 04

Summary A company was rightly ordered to be wound up on the basis of a debt due to Customs for liability to excise duty under the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 reg.7(2). Facts A company (C) and the individual (S) who owned and controlled it...

GE Capital Commercial Finance Ltd v Sutton (2004)

Judgment Date: 19 Mar 04

Summary The disclosure by administrative receivers to a debenture holder of documents passing between a company and its solicitors was outside the receivers' powers and could not have the effect of waiving the company's right to confidence and privilege in the documents. Facts The defendant (S) appealed against orders refusing...