Earl Cadogan v Dimitris Panagopoulos (2010)

Judgment Date: 11 Nov 10

Summary The court found that a caretaker's flat in the basement of a building was included in the "common parts" of the building and was therefore liable to acquisition under the Leasehold Reform, Housing and Urban Development Act 1993 s.2(1)(b) as it amounted to a common facility for the benefit...

Governor & Co Of The Bank Of Scotland v Afzaal Hussain & Mona Qutb (2010)

Judgment Date: 05 Nov 10

Summary Although a property owner was not prevented by estoppel or abuse or process from challenging as against the lender the validity of a charge obtained by a third party on her property, she had consented to the charge and so was bound by it despite her overriding interest. Facts...

Crosstown Music Company 1 LLC v Rive Droite Music Ltd, Mark Taylor & Paul Barry (2010)

Judgment Date: 02 Nov 10

Summary A provision in an assignment of copyright allowing automatic reverter of the rights to the assignor on a future event, namely an unremedied material breach of contract by the assignee, was a valid partial assignment within the Copyright, Designs and Patents Act 1988 s.90(2). Facts The appellant music publisher (C)...

Nigel Grogan v Revenue & Customs Commissioners (2010)

Judgment Date: 21 Oct 10

Summary The tax avoidance provisions contained in the Income Tax Act 2007 s.682 to s.713 relating to a tax advantage obtained through a transaction in securities could apply where an express statutory scheme such as a qualifying employee share ownership trust had been utilised. Facts The appellant taxpayer (G) appealed against...

Royal Bank of Scotland v Hicks & Ors (2010)

Judgment Date: 13 Oct 10

Summary The court granted a mandatory injunction requiring the re-constitution of a board of directors to a composition which preceded the execution of a special resolution by the company's controlling shareholders. The special resolution was an attempt, by those shareholders, to regain a controlling interest in the company which they...

Julian Roger Herbert v Leonard Doyle & Xerxes Keki Talati (2010)

Judgment Date: 13 Oct 10

Summary If, following an oral agreement, the parties still intended to make a formal agreement setting out the terms on which one or more of the parties was to acquire an interest in property, or if further terms for that acquisition remained to be agreed between them so that the...

Beazer Homes Ltd v Durham County Council (2010)

Judgment Date: 13 Oct 10

Summary A judge was correct to find that the transfer of land to a local authority included an implied term that the transferor was obliged to support any application by the local authority to have adopted by the Highways Agency an access road, if built, over an adjacent strip of...

Emmet Thomas Scullion v Bank Of Scotland Plc (T/A Colleys) (2010)

Judgment Date: 08 Oct 10

Summary Where a valuer engaged by a mortgage lender had negligently overstated both the capital value of a flat and the rental income that could be achieved from it, the purchaser was entitled to recover the difference between the price he paid for it and its true value and compensation...

In The Matter OF EAP Securities Ltd v Adams Securities Ltd & Ors (2010)

Judgment Date: 01 Oct 10

Summary The court considered allegations that the affairs of a company had been conducted in a manner that was unfairly prejudicial to the interests of its shareholders generally and particularly to a minority shareholder, and found that it could not be said that they were without substance or had no...