Brian Turner v Kim Jacob (2006)

Judgment Date: 08 Jun 06

Summary A possession order was granted in favour of a claimant where the defendant occupier of the property had failed to demonstrate circumstances which would make it inequitable or unconscionable for her not to be given some interest in the property. Facts The claimant (T) sought an order for possession...

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Ors (2006)

Judgment Date: 07 Jun 06

Summary The court determined various preliminary issues in connection with a steelwork construction subcontract, including the extent of the parties obligations under the heads of agreement and supplemental agreement, the extent of the parties agreement as to valuation, the main contractor's entitlement to an abatement in respect of defective work...

GMD Developments Ltd v Leeds City Council (2006)

Judgment Date: 19 May 06

Summary A leaseholder's proposed development on demised land was permitted by the terms of the lease and the freeholder had unreasonably withheld its consent to the proposals. Facts The claimant lessee (G) sought declarations that the respondent local authority freeholder had unreasonably withheld its consent to G's proposed development and...

Hill (As Trustee In Bankruptcy Of Nurkowski) v Spread Trustee Company Ltd & Anor (2006)

Judgment Date: 12 May 06

Summary The limitation period in respect of a claim by a trustee in bankruptcy under the Insolvency Act 1986 s.423 ran from the date of the bankruptcy order. Facts The appellant trustees (T) appealed against the decision ((2005) EWHC 336 (Ch)) that a settlement, of which T were the trustees, two legal charges...

Kappler v Secretary of State for Trade & Industry (2006)

Judgment Date: 11 May 06

Summary Where the claimant secretary of state had reformulated his allegations against the defendant director during a civil trial in disqualification proceedings, the key question was whether the defendant fairly knew and understood the substance of the allegations he had to meet and whether he would suffer injustice as a...

Godfrey v Torpey & Ors (2006)

Judgment Date: 05 May 06

Summary Where a claimant had brought proceedings against a party for the recovery of unsecured debts, and that party allegedly had a beneficial interest in property, those proceedings amounted to a "pending land action" for the purpose of the Land Registration Act 2002 s.87 and the claimant was entitled to register...

Coors Holdings Ltd V Dow Properties Ltd (2006)

Judgment Date: 04 May 06

Summary The terms of a lease and the facts disclosed with clarity that, for rent review purposes, only the part of demised premises that consisted of a site excluding a building should be valued for determining the open market rental value of the demised premises. Facts The claimant landlord (C)...

H M Revenue and Customs v Hyde Industrial Holdings Ltd (2006)

Judgment Date: 28 Apr 06

Summary The Social Security Administration Act 1992 s.117A did not deprive the court of jurisdiction to strike out a claim to recover national insurance contributions. An order striking out such proceedings had been properly made but in the circumstances the court had erred in refusing to reinstate the claim on...